House File 2453 - Introduced HOUSE FILE 2453 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 579) A BILL FOR An Act relating to guardianships and conservatorships of 1 minors. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5928HV (3) 88 as/jh

H.F. 2453 Section 1. Section 232D.103, Code 2020, is amended to read 1 as follows: 2 232D.103 Jurisdiction. 3 The juvenile court has exclusive jurisdiction in a 4 guardianship proceeding concerning a minor who is alleged to be 5 in need of a guardianship , and guardianships of minors . 6 Sec. 2. Section 232D.105, subsection 1, Code 2020, is 7 amended to read as follows: 8 1. A petition alleging that a minor is in need of a 9 conservatorship is not subject to this chapter . Such 10 proceedings shall be governed by chapter 633 and may be 11 initiated pursuant to section 633.627 633.557 . 12 Sec. 3. NEW SECTION . 232D.107 Confidentiality. 13 Official juvenile court records in guardianship proceedings 14 shall be confidential and are not public records. Confidential 15 records may be inspected and their contents shall be disclosed 16 to the following without court order, provided that a person 17 or entity who inspects or receives a confidential record under 18 this section shall not disclose the confidential record or its 19 contents unless required by law: 20 1. The judge and professional court staff. 21 2. The minor and the minor’s counsel. 22 3. The minor’s parent, guardian or custodian, court 23 visitor, and any counsel representing such person. 24 Sec. 4. Section 232D.301, subsection 2, paragraph d, 25 subparagraph (3), Code 2020, is amended to read as follows: 26 (3) Any adult who has had the primary care of the minor or 27 with whom the minor has lived for at least any time during the 28 six months prior to immediately preceding the filing of the 29 petition. 30 Sec. 5. Section 232D.301, subsection 4, Code 2020, is 31 amended to read as follows: 32 4. The petition shall state whether a limited guardianship 33 is appropriate , and whether a conservatorship for the minor is 34 needed or already in existence . 35 -1- LSB 5928HV (3) 88 as/jh 1/ 5

H.F. 2453 Sec. 6. Section 232D.302, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. Notice shall be served upon the minor’s known parents 3 listed in the petition in accordance with the rules of civil 4 procedure. If the parent has not filed a consent to the 5 appointment of a guardian, the notice shall inform any parent 6 named in the petition that the parent may be entitled to 7 representation under the conditions described in section 8 232D.304. 9 Sec. 7. Section 232D.305, subsection 1, Code 2020, is 10 amended to read as follows: 11 1. The court may appoint a court visitor for the minor. A 12 person is qualified to serve as a court visitor if the court 13 determines the person has demonstrated sufficient knowledge of 14 guardianships to adequately perform the duties in subsection 3. 15 Sec. 8. Section 232D.306, Code 2020, is amended by adding 16 the following new subsection: 17 NEW SUBSECTION . 4. A hearing on the petition may be 18 recorded if a court reporter is not used. 19 Sec. 9. Section 232D.307, subsection 2, Code 2020, is 20 amended to read as follows: 21 2. The court shall review the results of background 22 checks in determining the suitability of a proposed guardian 23 for appointment , and may, for good cause, share with the 24 respondent, the respondent’s attorney, and the protected 25 person’s attorney, the results of background checks . 26 Sec. 10. Section 232D.401, subsection 1, Code 2020, is 27 amended to read as follows: 28 1. The order by the court appointing a guardian for a minor 29 shall state the basis for the order and the date on which the 30 first reporting period for the guardianship will end . 31 Sec. 11. Section 232D.401, subsection 3, unnumbered 32 paragraph 1, Code 2020, is amended to read as follows: 33 An order by the court appointing a guardian for a minor shall 34 state the powers granted to the guardian. Except as otherwise 35 -2- LSB 5928HV (3) 88 as/jh 2/ 5

H.F. 2453 limited by court order, the court may grant the guardian the 1 following powers, which may be exercised without prior further 2 court approval: 3 Sec. 12. Section 232D.401, subsection 3, paragraph e, Code 4 2020, is amended to read as follows: 5 e. Applying for and receiving funds and benefits payable 6 for the support of the minor if the minor does not have a 7 conservator. If the minor has a conservator, the guardian 8 shall notify the conservator at least ten days before applying 9 for funds or benefits for the support of the minor . 10 Sec. 13. Section 232D.501, subsection 1, paragraph a, Code 11 2020, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for 13 applying for and receiving funds and benefits payable for the 14 support of the minor. 15 Sec. 14. Section 232D.501, subsection 1, paragraph b, Code 16 2020, is amended by adding the following new subparagraph: 17 NEW SUBPARAGRAPH . (11) The results of the guardian’s 18 efforts to apply for funds or benefits for the minor, and 19 an accounting for the use of such funds or benefits by the 20 guardian. 21 Sec. 15. Section 232D.501, Code 2020, is amended by adding 22 the following new subsections: 23 NEW SUBSECTION . 5. A copy of the verified initial care plan 24 and verified annual reports shall be provided by the court to 25 the protected person. 26 NEW SUBSECTION . 6. The judicial branch shall develop and 27 implement a calendar system to ensure that reports of the 28 guardian are timely filed, and to provide notice to the court 29 of guardian reports which are not timely filed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to guardianships and conservatorships of 34 minors. 35 -3- LSB 5928HV (3) 88 as/jh 3/ 5

H.F. 2453 Under current law, the juvenile court has exclusive 1 jurisdiction of guardianship proceedings. The bill provides 2 that the juvenile court also has exclusive jurisdiction over 3 guardianships of minors. 4 The bill changes a Code reference for a petition to appoint a 5 conservator for a minor. 6 The bill provides that a petition for a minor guardianship 7 must state whether a minor needs or currently has a 8 conservatorship. 9 The bill provides that juvenile court records in 10 guardianship proceedings are confidential and are not public 11 records. The confidential records may be inspected and 12 disclosed without court order to the judge and professional 13 court staff; the minor and minor’s counsel; and the minor’s 14 parent, guardian or custodian, court visitor, and any counsel 15 representing such person. 16 The bill describes who is qualified to serve as a court 17 visitor for a minor. 18 The bill provides that notice of a guardianship proceeding 19 must be given to any adult with whom the minor has lived for any 20 time during the six months immediately preceding the filing of 21 the petition. 22 The bill further provides that if a minor’s known parents 23 have not consented to the appointment of a guardian, the notice 24 of the filing of a guardianship petition shall inform the known 25 parents that they are entitled to representation if they meet 26 the conditions in Code section 232D.304. 27 The bill provides that hearings on petitions for 28 guardianship may be recorded, and that for good cause a court 29 may share the results of background checks regarding the 30 suitability of a proposed guardian. 31 The bill also directs that the initial verified care plan 32 must include the guardian’s plan for applying and receiving 33 funds and benefits for the support of the minor, that a copy of 34 the verified initial care plan and verified annual reports be 35 -4- LSB 5928HV (3) 88 as/jh 4/ 5

H.F. 2453 provided to the minor, and that the court develop and implement 1 a calendar system to ensure reports are timely filed. 2 -5- LSB 5928HV (3) 88 as/jh 5/ 5