House Study Bill 579 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) 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 5928YC (2) 88 as/jh

H.F. _____ 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. Section 232D.301, subsection 2, paragraph d, 13 subparagraph (3), Code 2020, is amended to read as follows: 14 (3) Any adult who has had the primary care of the minor or 15 with whom the minor has lived for at least six months prior to 16 immediately preceding the filing of the petition. 17 Sec. 4. Section 232D.301, subsection 4, Code 2020, is 18 amended to read as follows: 19 4. The petition shall state whether a limited guardianship 20 is appropriate , and whether a conservatorship for the minor is 21 needed or already in existence . 22 Sec. 5. Section 232D.302, subsection 2, Code 2020, is 23 amended to read as follows: 24 2. Notice shall be served upon the minor’s known parents 25 listed in the petition in accordance with the rules of civil 26 procedure. If the parent has not filed a consent to the 27 appointment of a guardian, the notice shall inform any parent 28 named in the petition that the parent may be entitled to 29 representation under the conditions described in section 30 232D.304. 31 Sec. 6. Section 232D.305, subsection 1, Code 2020, is 32 amended to read as follows: 33 1. The court may appoint a court visitor for the minor. A 34 person is qualified to serve as a court visitor if the person 35 -1- LSB 5928YC (2) 88 as/jh 1/ 4

H.F. _____ has demonstrated sufficient knowledge of guardianships to 1 adequately perform the duties in subsection 3. 2 Sec. 7. Section 232D.401, subsections 1 and 2, Code 2020, 3 are amended to read as follows: 4 1. The order by the court appointing a guardian for a minor 5 shall state the basis for the order and the date on which the 6 first reporting period for the guardianship will end . 7 2. The order by the court appointing a guardian for a minor 8 shall state whether the guardianship is a limited guardianship 9 and whether a conservator for the minor exists or a petition 10 for a conservatorship has been filed . 11 Sec. 8. Section 232D.401, subsection 3, unnumbered 12 paragraph 1, Code 2020, is amended to read as follows: 13 An order by the court appointing a guardian for a minor shall 14 state the powers granted to the guardian. Except as otherwise 15 limited by court order, the court may grant the guardian the 16 following powers , which may be exercised without prior court 17 approval : 18 Sec. 9. Section 232D.401, subsection 3, paragraph e, Code 19 2020, is amended to read as follows: 20 e. Applying for and receiving funds and benefits payable 21 for the support of the minor if the minor does not have a 22 conservator. If the minor has a conservator, the guardian 23 shall notify the conservator at least ten days before applying 24 for funds or benefits for the support of the minor . 25 Sec. 10. Section 232D.501, subsection 1, paragraph a, Code 26 2020, is amended by adding the following new subparagraph: 27 NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for 28 applying for and receiving funds and benefits payable for the 29 support of the minor. 30 Sec. 11. Section 232D.501, subsection 1, paragraph b, Code 31 2020, is amended by adding the following new subparagraph: 32 NEW SUBPARAGRAPH . (11) The results of the guardian’s 33 efforts to apply for funds or benefits for the minor, and 34 an accounting for the use of such funds or benefits by the 35 -2- LSB 5928YC (2) 88 as/jh 2/ 4

H.F. _____ guardian. 1 Sec. 12. Section 232D.501, subsection 4, Code 2020, is 2 amended to read as follows: 3 4. Reports of the guardian shall be reviewed and approved 4 by the court. If the total value of funds or benefits retained 5 by the guardian for the minor’s benefit exceeds the amount 6 specified in section 633.555, the court shall determine whether 7 a conservatorship is appropriate for the minor. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to guardianships and conservatorships of 12 minors. 13 Under current law, the juvenile court has exclusive 14 jurisdiction of guardianship proceedings. The bill provides 15 that the juvenile court also has exclusive jurisdiction over 16 guardianships of minors. 17 The bill changes a Code reference for a petition to appoint a 18 conservator for a minor. 19 The bill provides that a petition for a minor guardianship 20 must state whether a minor needs or currently has a 21 conservatorship. 22 The bill describes who is qualified to serve as a court 23 visitor for a minor. 24 The bill adds additional report requirements for cases where 25 a minor has a conservatorship, requires the guardian to report 26 to the district court in the case of minor conservatorships, 27 and requires that the reporting period be listed on the report. 28 The bill provides that notice of a guardianship proceeding 29 must be given to any adult with whom the minor has lived for the 30 six months immediately preceding the filing of the petition. 31 The bill further provides that if a minor’s known parents 32 have not consented to the appointment of a guardian, the notice 33 of the filing of a guardianship petition shall inform the known 34 parents that they are entitled to representation if they meet 35 -3- LSB 5928YC (2) 88 as/jh 3/ 4

H.F. _____ the conditions in Code section 232D.304. 1 The bill strikes a reference to “without prior court 2 approval” in a Code section listing powers a court may grant 3 to a guardian. 4 The bill also directs that the initial verified care plan 5 must include the guardian’s plan for applying and receiving 6 funds and benefits for the support of the minor. 7 -4- LSB 5928YC (2) 88 as/jh 4/ 4