Senate File 2200 - Reprinted SENATE FILE 2200 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3141) (As Amended and Passed by the Senate February 22, 2010 ) A BILL FOR An Act relating to transfer of guardianship for a child in need 1 of assistance to the probate court. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 2200 (4) 83 jp/nh/jh

S.F. 2200 Section 1. Section 232.104, subsection 7, Code 2009, is 1 amended to read as follows: 2 7. a. Following an initial permanency hearing and the 3 entry of a permanency order which places a child in the custody 4 or guardianship of another person or agency, the court shall 5 retain jurisdiction and annually review the order to ascertain 6 whether the best interest of the child is being served. When 7 the order places the child in the custody of the department 8 for the purpose of long-term foster care placement in a 9 facility, the review shall be in a hearing that shall not be 10 waived or continued beyond twelve months after the initial 11 permanency hearing or the last permanency review hearing. Any 12 modification shall be accomplished through a hearing procedure 13 following reasonable notice. During the hearing, all relevant 14 and material evidence shall be admitted and procedural due 15 process shall be provided to all parties. 16 b. In lieu of the procedures specified in paragraph “a” , 17 the court may close the child in need of assistance case by 18 transferring jurisdiction over the child’s guardianship to the 19 probate court. Before transferring jurisdiction, the court 20 shall direct the probate clerk to issue letters of appointment 21 for guardianship and docket the case in probate. 22 Sec. 2. Section 633.559, Code 2009, is amended to read as 23 follows: 24 633.559 Preference as to appointment of guardian. 25 The Except for a minor child for whom the court’s 26 jurisdiction over the child’s guardianship was established 27 pursuant to transfer of the child’s case in accordance with 28 section 232.104, the parents of a minor child , or either of 29 them, if qualified and suitable, shall be preferred over all 30 others for appointment as guardian. Preference shall then be 31 given to any person, if qualified and suitable, nominated as 32 guardian for a minor child by a will executed by the parent 33 having custody of a minor child, and any qualified and suitable 34 person requested by a minor fourteen years of age or older, or 35 -1- SF 2200 (4) 83 jp/nh/jh 1/ 3

S.F. 2200 by standby petition executed by a person having physical and 1 legal custody of a minor. Subject to these preferences, the 2 court shall appoint as guardian a qualified and suitable person 3 who is willing to serve in that capacity. 4 Sec. 3. Section 633.675, Code 2009, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 5. Notwithstanding subsections 1 through 7 4, if the court appointed a guardian for a minor child for 8 whom the court’s jurisdiction over the child’s guardianship 9 was established pursuant to transfer of the child’s case in 10 accordance with section 232.104, the court shall not enter an 11 order terminating the guardianship before the child becomes 12 age eighteen unless the court finds by clear and convincing 13 evidence that the best interests of the child warrant a return 14 of custody to the child’s parent. 15 Sec. 4. Section 633.679, Code 2009, is amended to read as 16 follows: 17 633.679 Petition to terminate —— cases transferred from 18 juvenile court —— request for voting rights reinstatement. 19 1. At Except as otherwise provided in subsection 2, at any 20 time after the appointment of a guardian or conservator, the 21 person under guardianship or conservatorship may apply to the 22 court by petition, alleging that the person is no longer a 23 proper subject thereof, and asking that the guardianship or 24 conservatorship be terminated. 25 2. If the court has appointed a guardian for a minor child 26 for whom the court's jurisdiction over the child's guardianship 27 was established pursuant to transfer of the child's case in 28 accordance with section 232.104, a petition shall not be filed 29 asking that the guardianship be terminated or modified until 30 at least six months has elapsed from the date the order was 31 entered appointing the guardian. 32 3. A person under an order appointing a guardian which order 33 found the person incompetent to vote may include a request for 34 reinstatement of the person’s voting rights in a petition to 35 -2- SF 2200 (4) 83 jp/nh/jh 2/ 3

S.F. 2200 terminate the guardianship or by filing a separate petition for 1 modification of this determination. 2 -3- SF 2200 (4) 83 jp/nh/jh 3/ 3