H.F. _____ Section 1. Section 232D.301, subsection 2, paragraph d, 1 subparagraph (3), Code 2021, is amended to read as follows: 2 (3) Any adult who has had the primary care of the minor or 3 with whom the minor has lived for at least any time during the 4 six months prior to immediately preceding the filing of the 5 petition. 6 Sec. 2. Section 232D.301, subsection 4, Code 2021, is 7 amended to read as follows: 8 4. The petition shall state whether a limited guardianship 9 is appropriate , and whether a conservatorship for the minor 10 already exists . 11 Sec. 3. Section 232D.302, subsection 2, Code 2021, is 12 amended to read as follows: 13 2. Notice shall be served upon the minor’s known parents 14 listed in the petition in accordance with the rules of civil 15 procedure. If the parent has not filed a consent to the 16 appointment of a guardian, the notice shall inform any parent 17 named in the petition that the parent may be entitled to an 18 attorney under the conditions described in section 232D.304. 19 Sec. 4. Section 232D.305, subsection 1, Code 2021, is 20 amended to read as follows: 21 1. The court may appoint a court visitor for the minor. A 22 person is qualified to serve as a court visitor if the person 23 has demonstrated sufficient knowledge of guardianships to 24 adequately perform the duties in subsection 3. 25 Sec. 5. Section 232D.305, subsection 3, paragraph b, Code 26 2021, is amended to read as follows: 27 b. Explaining Providing to the minor, if the minor’s age 28 is appropriate, the substance of the petition, the purpose and 29 effect of the guardianship proceeding, information regarding 30 the rights of the minor at the hearing, and the general powers 31 and duties of a guardian. 32 Sec. 6. Section 232D.305, Code 2021, is amended by adding 33 the following new subsection: 34 NEW SUBSECTION . 6. The court may order a court visitor to 35 -1- LSB 1239YC (3) 89 cm/jh 1/ 5

H.F. _____ continue to serve if the court determines continued service 1 would be in the best interest of the minor. If the court 2 continues the service of the court visitor, the court may limit 3 the direct duties of the court visitor as the court deems 4 necessary, in which case the court visitor shall thereafter 5 continue to serve until discharged by the court. In the 6 event the court does not order the court visitor to continue, 7 the order appointing the guardian shall discharge the court 8 visitor. 9 Sec. 7. Section 232D.307, subsections 1 and 2, Code 2021, 10 are amended to read as follows: 11 1. The court shall request criminal record checks and checks 12 of the child abuse, dependent adult abuse, and sex offender 13 registries in this state for all proposed guardians other than 14 financial institutions with Iowa trust powers unless a proposed 15 guardian has undergone the required background checks in this 16 section within the twelve six months prior to the filing of a 17 petition and the background checks have been provided to the 18 court . 19 2. The court shall review the results of background checks 20 in determining the suitability of a proposed guardian for 21 appointment , and may, for good cause, share the results of the 22 background check with the proposed guardian . 23 Sec. 8. Section 232D.401, subsections 1 and 3, Code 2021, 24 are amended to read as follows: 25 1. The order by the court appointing a guardian for a minor 26 shall state the basis for the order and the date on which the 27 first reporting period for the guardianship will end . 28 3. An order by the court appointing a guardian for a minor 29 shall state the powers granted to the guardian. Except as 30 otherwise limited by court order, the court may grant the 31 guardian the following powers, which may be exercised without 32 prior further court approval: 33 a. Taking custody of the minor and establishing the minor’s 34 permanent residence if otherwise consistent with the terms of 35 -2- LSB 1239YC (3) 89 cm/jh 2/ 5

H.F. _____ any order of competent jurisdiction relating to the custody, 1 placement, detention, or commitment of the minor within the 2 state. 3 b. Consenting to medical, dental, and other health care 4 treatment and services for the minor. 5 c. Providing or arranging for the provision of education 6 for the minor including but not limited to preschool education, 7 primary education and secondary education, special education 8 and related services, and vocational services. 9 d. Consenting to professional services for the minor to 10 ensure the safety and welfare of the minor. 11 e. Applying for and receiving funds and benefits payable 12 for the support of the minor if the minor does not have a 13 conservator . If the minor has a conservator, the guardian 14 shall notify the conservator at least ten days before applying 15 for funds or benefits for the support of the minor. 16 f. Any other powers the court may specify. 17 Sec. 9. Section 232D.501, subsection 1, paragraph a, Code 18 2021, is amended by adding the following new subparagraph: 19 NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for 20 applying for and receiving funds and benefits payable for the 21 support of the minor. 22 Sec. 10. Section 232D.501, subsection 1, paragraph b, Code 23 2021, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (11) The results of the guardian’s 25 efforts to apply for funds or benefits for the minor, and 26 an accounting for the use of such funds or benefits by the 27 guardian. 28 Sec. 11. Section 232D.503, Code 2021, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 6. If the court orders termination of a 31 guardianship established under this chapter and the guardian 32 has custody of the minor’s assets, the court shall order 33 delivery of the minor’s assets to the minor or a fiduciary 34 acting under one or more of the following accounts: 35 -3- LSB 1239YC (3) 89 cm/jh 3/ 5

H.F. _____ a. A uniform transfer to minors Act account established for 1 the minor pursuant to chapter 565B or other state law. 2 b. An educational savings plan trust account established for 3 the minor pursuant to section 529 of the Internal Revenue Code 4 or chapter 12D. 5 c. An ABLE savings plan trust account established for the 6 minor pursuant to section 529A of the Internal Revenue Code or 7 chapter 12I. 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 the creation, administration, and 12 termination of minor guardianships. 13 Under current law, a petition for guardianship only requires 14 the address and name of any adult who was the primary caregiver 15 or lived with the minor for the six months prior. The bill 16 provides that a petition for guardianship must include the 17 name and address of the primary caregiver or adult with whom 18 the minor has lived anytime during the six months immediately 19 before the filing. Under the bill, the petition must also 20 include whether there is already a conservatorship in place for 21 the minor. 22 The bill provides that notice of a filed petition for 23 guardianship shall inform parents, who have not filed a 24 consent to the appointment of a guardian with the court that 25 the parents may be entitled to an attorney under current Code 26 section 232D.304. 27 The bill provides the qualifications and term of service of 28 a court visitor for the minor. 29 The bill provides that results of background checks of 30 the proposed guardian in the 6 months prior to filing of the 31 petition may be used; current law permits the use of background 32 checks within the prior 12 months. Results of the background 33 checks may be shared with good cause to the proposed guardian. 34 The bill provides that the order appointing a guardian for a 35 -4- LSB 1239YC (3) 89 cm/jh 4/ 5

H.F. _____ minor shall state the date that the first reporting period for 1 the guardianship will end. 2 The bill provides that the initial care plan shall include 3 the guardian’s plan for funds and benefits payable for the 4 support of the minor and the verified annual report shall 5 include the results of the guardian’s efforts to receive 6 funds or benefits and the account for the use of the funds or 7 benefits. 8 The bill provides that upon termination of guardianship 9 in which the guardian has custody of the minor’s assets, the 10 assets must be returned to the minor or a fiduciary for the 11 minor for any of the following accounts: a uniform transfer to 12 minors Act account, an educational savings plan trust account, 13 or an ABLE savings plan trust account. 14 -5- LSB 1239YC (3) 89 cm/jh 5/ 5