HF 834 (LSB 1239HV (3) 89)

HOUSE FILE 834

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 14)

A BILL FOR

An Act relating to the creation, administration, and termination of minor guardianships. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.3, subsection 1, Code 2021, is amended to read as follows:
   1.  During the pendency of an action under this chapter, a party to the action is estopped from litigating concurrently the custody, guardianship, or placement of a child who is the subject of the action, in a court other than the juvenile court with jurisdiction of the pending action under this chapter. A district judge, district associate judge, juvenile court judge, magistrate, or judicial hospitalization referee, upon notice of the pendency of an action under this chapter, shall not issue an order, finding, or decision relating to the custody, guardianship, or placement of the child who is the subject of the action, under any law, including but not limited to chapter 232D, 598, or 598B, or 633.
    Sec. 2.  Section 232.3, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  An action which is pending under chapter 232D prior to an action being brought under this chapter shall be stayed by the court in the chapter 232D action unless the court follows the procedures in subsection 2 and authorizes a party to the action to litigate a specific issue under this chapter.
    Sec. 3.  Section 232D.103, Code 2021, is amended to read as follows:
   232D.103  Jurisdiction.
   The juvenile court has exclusive jurisdiction in a guardianship proceeding concerning a minor who is alleged to be in need of a guardianship and guardianships of minors.
    Sec. 4.  NEW SECTION.  232D.107  Confidentiality.
   Official juvenile court records in guardianship proceedings shall be confidential and are not public records. Confidential records may be inspected and their contents shall be disclosed to the following without court order, provided that a person who inspects or receives a confidential record under this section shall not disclose the confidential record or its contents unless required by law:
   1.  The judge and professional court staff.
   2.  The minor and the minor’s counsel.
   3.  The minor’s parent, guardian or custodian, court visitor, and any counsel representing such person.
    Sec. 5.  Section 232D.301, subsection 2, paragraph d, subparagraph (3), Code 2021, is amended to read as follows:
   (3)  Any adult who has had the primary care of the minor or with whom the minor has lived for at least any time during the six months prior to immediately preceding the filing of the petition.
    Sec. 6.  Section 232D.301, subsection 4, Code 2021, is amended to read as follows:
   4.  The petition shall state whether a limited guardianship is appropriate and whether a conservatorship for the minor is already in existence.
    Sec. 7.  Section 232D.302, subsection 2, Code 2021, is amended to read as follows:
   2.  Notice shall be served upon the minor’s known parents listed in the petition in accordance with the rules of civil procedure.  If the parent has not filed a consent to the appointment of a guardian, the notice shall inform any parent named in the petition that the parent may be entitled to representation under the conditions described in section 232D.304. 
    Sec. 8.  Section 232D.305, subsection 1, Code 2021, is amended to read as follows:
   1.  The court may appoint a court visitor for the minor.  If the court appoints a court visitor, the court shall not appoint a guardian ad litem under the rules of civil procedure. A person is qualified to serve as a court visitor if the court determines the person has demonstrated sufficient knowledge of guardianships to adequately perform the duties in subsection 3. 
    Sec. 9.  Section 232D.305, subsection 3, paragraph b, Code 2021, is amended to read as follows:
   b.  Explaining Providing to the minor, if the minor’s age is appropriate, the substance of the petition, the purpose and effect of the guardianship proceeding, information regarding the rights of the minor at the hearing, and the general powers and duties of a guardian.
    Sec. 10.  Section 232D.305, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  The court may order a court visitor to continue to serve if the court determines continued service would be in the best interest of the minor. If the court continues the service of the court visitor, the court may limit the direct duties of the court visitor as the court deems necessary, in which case the court visitor shall thereafter continue to serve until discharged by the court. In the event the court does not order the court visitor to continue, the order appointing the guardian shall discharge the court visitor.
    Sec. 11.  Section 232D.306, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A hearing on the petition may be recorded if a court reporter is not used.
    Sec. 12.  Section 232D.307, subsections 1 and 2, Code 2021, are amended to read as follows:
   1.  The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sex offender registries in this state for all proposed guardians other than financial institutions with Iowa trust powers unless a proposed guardian has undergone the required background checks in this section within the twelve six months prior to the filing of a petition and the background check has been provided to the court.
   2.  The court shall review the results of background checks in determining the suitability of a proposed guardian for appointment, and may, for good cause shown, share the results of background checks with the proposed guardian’s attorney, the minor’s attorney, and the proposed guardian.
    Sec. 13.  Section 232D.401, subsections 1 and 3, Code 2021, are amended to read as follows:
   1.  The order by the court appointing a guardian for a minor shall state the basis for the order and the date on which the first reporting period for the guardianship will end.
   3.  An order by the court appointing a guardian for a minor shall state the powers granted to the guardian. Except as otherwise limited by court order, the The court may grant the guardian the following powers, which may be exercised without prior further court approval:
   a.  Taking custody of the minor and establishing the minor’s permanent residence if otherwise consistent with the terms of any order of competent jurisdiction relating to the custody, placement, detention, or commitment of the minor within the state.
   b.  Consenting to medical, dental, and other health care treatment and services for the minor.
   c.  Providing or arranging for the provision of education for the minor including but not limited to preschool education, primary education and secondary education, special education and related services, and vocational services.
   d.  Consenting to professional services for the minor to ensure the safety and welfare of the minor.
   e.  Applying for and receiving funds and benefits payable for the support of the minor if the minor does not have a conservator.  If the minor has a conservator, the guardian shall notify the conservator prior to applying for funds or benefits for the support of the minor.
   f.  Any other powers the court may specify.
    Sec. 14.  Section 232D.501, subsection 1, paragraph a, Code 2021, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (2A)  The guardian’s plan, if any, for applying for and receiving funds and benefits payable for the support of the minor.
    Sec. 15.  Section 232D.501, subsection 1, paragraph b, Code 2021, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (11)  The results of the guardian’s efforts to apply for funds or benefits for the minor and an accounting for the use of such funds or benefits by the guardian.
   NEW SUBPARAGRAPH.  (12)  Any other information the guardian deems necessary for the court to consider.
    Sec. 16.  Section 232D.501, subsections 2 and 4, Code 2021, are amended to read as follows:
   2.  The judicial branch shall prescribe create the forms for use which may be used by the guardian in filing the reports required by this section.
   4.  Reports All of the reports of the guardian shall be reviewed and approved by the court.
    Sec. 17.  Section 232D.501, Code 2021, is amended by adding the following new subsections:
   NEW SUBSECTION.  5.  A copy of the verified initial care plan, if amended, and the verified annual report shall be served, annually, on the protected person, the protected person’s attorney, if any, and court visitor, if any.
   NEW SUBSECTION.  6.  The court, for good cause, may extend the deadline for filing required reports. Required reports of a guardian which are not timely filed and which are delinquent, and for which no extension for filing has been granted by the court, shall be administered in the same manner as provided in section 633.65. 
    Sec. 18.  Section 232D.503, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  If the court orders termination of a guardianship established under this chapter and the guardian has custody of the minor’s assets, the court shall order delivery of the minor’s assets to the minor or a fiduciary acting under one or more of the following accounts:
   a.  A conservatorship established for the minor pursuant to chapter 633 or other state law.
   b.  A uniform transfers to minors Act account established for the minor pursuant to chapter 565B or other state law.
   c.  A college savings Iowa plan account established for the minor pursuant to Internal Revenue Code section 529 or chapter 12D.
   d.  An ABLE account established for the minor with disabilities pursuant to Internal Revenue Code section 529A or chapter 12I.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the creation, administration, and termination of minor guardianships.
   The bill provides that an action which is pending under Code chapter 232D (minor guardianships) prior to an action being brought under Code chapter 232 (juvenile justice) must be stayed by the court in the Code chapter 232D action unless the court authorizes a party to the action to litigate a specific issue under Code chapter 232.
   Under current law, the juvenile court has exclusive jurisdiction of guardianship proceedings. The bill provides that the juvenile court also has exclusive jurisdiction over guardianships of minors. 
   The bill creates a new Code section that makes official juvenile court records in guardianships confidential and not public records. The following people are authorized to request the records without court order: the judge and professional court staff, the minor and the minor’s counsel, the minor’s parent, guardian, or custodian, court visitor, and any counsel representing such person, so long as they do not disclose the confidential record or contents unless required by law.
   Under current law, the petition for minor and adult guardianships includes the name and address of any adult who has had the primary care of the minor or with whom the protected person has lived for at least six months prior to the filing of the petition. The bill requires the name and address of any adult who has had the primary care of the protected person or with whom the protected person had lived with at any time during the six months prior to the filing of the petition. 
   The bill provides that in addition to stating in the guardianship for the minor petition why a limited guardianship is appropriate, the petition must also state whether a conservatorship for the minor is already in place.
   The bill provides that notice of a filed petition for guardianship shall inform parents, who have not filed a consent to the appointment of a guardian with the court that the parents may be entitled to an attorney under current Code section 232D.304. 
   The bill provides the qualifications and term of service of a court visitor for the minor and that the court shall not appoint a guardian ad litem if a court visitor is appointed. 
   The bill provides that a hearing on petition for guardianship may be recorded if a court reporter is not used.
   The bill provides that results of background checks of the proposed guardian in the 6 months prior to filing of the petition may be used; current law permits the use of background checks within the prior 12 months. Results of the background checks may be shared with good cause to the proposed guardian. 
   The bill provides that the order appointing a guardian for a minor shall state the date that the first reporting period for the guardianship will end. 
   The bill provides that the initial care plan shall include the guardian’s plan for funds and benefits payable for the support of the minor and the verified annual report shall include the results of the guardian’s efforts to receive funds or benefits and the account for the use of the funds or benefits. 
   The bill provides that upon termination of guardianship in which the guardian has custody of the minor’s assets, the assets must be returned to the minor or a fiduciary for the minor for any of the following accounts: a conservatorship established for the minor under Code chapter 633, a uniform transfer to minors Act account, an educational savings plan trust account, or an ABLE savings plan trust account.