House File 591 - Reprinted HOUSE FILE 591 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 118) (As Amended and Passed by the House March 21, 2019 ) A BILL FOR An Act providing for juvenile court jurisdiction over minor 1 guardianship proceedings and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 591 (2) 88 hb/jh/md

H.F. 591 DIVISION I 1 IOWA MINOR GUARDIANSHIP PROCEEDINGS ACT 2 Section 1. NEW SECTION . 232D.101 Title. 3 This chapter shall be known as the “Iowa Minor Guardianship 4 Proceedings Act” . 5 Sec. 2. NEW SECTION . 232D.102 Definitions. 6 1. “Adult” means a person eighteen years of age or older 7 or a person declared to be emancipated by a court of competent 8 jurisdiction. 9 2. “Conservator” means a person appointed by a court to have 10 custody and control of the property of a minor. 11 3. “Court” means the juvenile court established under 12 section 602.7101. 13 4. “Demonstrated lack of consistent parental participation” 14 means the refusal of a parent to comply with duties and 15 responsibilities imposed upon a parent by the parent-child 16 relationship, including but not limited to providing the minor 17 with necessary food, clothing, shelter, health care, education, 18 and other care and supervision necessary for the minor’s 19 physical, mental, and emotional health and development. 20 5. “Guardian” means a person appointed by the court to have 21 custody of a minor. 22 6. “Legal custodian” means a person awarded legal custody 23 of a minor. 24 7. “Legal custody” means an award of the rights of legal 25 custody of a minor under which a parent has legal custodial 26 rights and responsibilities toward the minor child including 27 but not limited to decision making affecting the minor’s legal 28 status, medical care, education, extracurricular activities, 29 and religious instruction. 30 8. “Limited guardianship” means a guardianship that grants 31 the guardian less than all powers available under this chapter 32 or otherwise restricts the powers of the guardian. 33 9. “Minor” means an unmarried and unemancipated person under 34 the age of eighteen years. 35 -1- HF 591 (2) 88 hb/jh/md 1/ 24

H.F. 591 10. “Parent” means a biological or adoptive mother or father 1 of a child, a person whose parental status has been established 2 by operation of law due to the person’s marriage to the mother 3 at the time of the conception or birth of the child, by order 4 of a court of competent jurisdiction, or by an administrative 5 order when authorized by state law. “Parent” does not include a 6 person whose parental rights have been terminated. 7 Sec. 3. NEW SECTION . 232D.103 Jurisdiction. 8 The juvenile court has exclusive jurisdiction in a 9 guardianship proceeding concerning a minor who is alleged to 10 be in need of a guardianship. 11 Sec. 4. NEW SECTION . 232D.104 Venue. 12 1. Venue for guardianship proceedings under this chapter 13 shall be in the judicial district where the minor is found or 14 in the judicial district of the minor’s residence. 15 2. The court may transfer a guardianship proceeding brought 16 under this chapter to the juvenile court of any county having 17 venue at any stage in the proceedings as follows: 18 a. When it appears that the best interests of the minor 19 or the convenience of the proceedings shall be served by a 20 transfer, the court may transfer the case to the court of the 21 county of the minor’s residence. 22 b. With the consent of the receiving court, the court may 23 transfer the case to the court of the county where the minor is 24 found. 25 3. The court shall transfer the case by ordering the 26 transfer and a continuance and by forwarding to the clerk 27 of the receiving court a certified copy of all papers filed 28 together with an order of transfer. The judge of the receiving 29 court may accept the filings of the transferring court or may 30 direct the filing of a new petition and hear the case anew. 31 Sec. 5. NEW SECTION . 232D.105 Proceedings governed by other 32 law. 33 1. A petition alleging that a minor is in need of a 34 conservatorship is not subject to this chapter. Such 35 -2- HF 591 (2) 88 hb/jh/md 2/ 24

H.F. 591 proceedings shall be governed by chapter 633 and may be 1 initiated pursuant to section 633.627. 2 2. A petition for the appointment of a guardian for a minor 3 and a petition for appointment of a conservator of a minor 4 shall not be combined. 5 3. If a minor guardianship proceeding under this chapter 6 pertains to an Indian child as defined in section 232B.3 and 7 the proceeding is subject to the Iowa Indian child welfare Act 8 under chapter 232B, the proceeding and other actions taken in 9 connection with the proceeding shall comply with chapter 232B. 10 Sec. 6. NEW SECTION . 232D.106 Applicability of rules of 11 civil procedure. 12 The rules of civil procedure shall govern guardianship 13 proceedings concerning a minor who is alleged to be in need of 14 a guardianship except as otherwise set forth in this chapter. 15 Sec. 7. NEW SECTION . 232D.201 Termination of parental 16 rights and child in need of assistance cases. 17 1. The court may appoint a guardian for a minor who does not 18 have a guardian if all parental rights have been terminated. 19 2. The court may appoint a guardian for a minor in a child 20 in need of assistance case pursuant to section 232.101A, 21 232.103A, or 232.104. 22 Sec. 8. NEW SECTION . 232D.202 Death of parents. 23 1. The court may appoint a guardian for a minor if both 24 parents are deceased. 25 2. In appointing a guardian for a minor whose parents are 26 deceased, the court shall give preference to a person, if 27 qualified and suitable, nominated as guardian for a minor by a 28 will that was executed by the parent or parents having legal 29 custody of the minor at the time of the parent’s or parents’ 30 death, and that was admitted to probate under chapter 633. 31 Sec. 9. NEW SECTION . 232D.203 Guardianship with parental 32 consent. 33 1. The court may appoint a guardian for a minor if the court 34 finds all of the following: 35 -3- HF 591 (2) 88 hb/jh/md 3/ 24

H.F. 591 a. The parent or parents having legal custody of the minor 1 understand the nature of the guardianship and knowingly and 2 voluntarily consent to the guardianship. 3 b. The minor is in need of a guardianship because of any one 4 of the following: 5 (1) The parent having legal custody of the minor has a 6 physical or mental illness that prevents the parent from 7 providing care and supervision of the child. 8 (2) The parent having legal custody of the minor is 9 incarcerated or imprisoned. 10 (3) The parent having legal custody of the minor is on 11 active military duty. 12 (4) The minor is in need of a guardianship for some other 13 reason constituting good cause shown. 14 c. Appointment of a guardian for the minor is in the best 15 interest of the minor. 16 2. If the guardianship petition requests a guardianship 17 with parental consent, the petition shall include an affidavit 18 signed by the parent or parents verifying that the parent or 19 parents knowingly and voluntarily consent to the guardianship. 20 The consent required by this subsection shall be on a form 21 prescribed by the judicial branch. 22 3. On or before the date of the hearing on the petition, 23 the parent or parents and the proposed guardian shall file 24 an agreement with the court. This agreement shall state the 25 following: 26 a. The responsibilities of the guardian. 27 b. The responsibilities of the parent or parents. 28 c. The expected duration of the guardianship, if known. 29 4. If the court grants the petition, it shall approve the 30 guardianship agreement between the custodial parent and the 31 proposed guardian and incorporate its terms by reference unless 32 the court finds the agreement was not reached knowingly and 33 voluntarily or is not in the best interests of the child. 34 Sec. 10. NEW SECTION . 232D.204 Guardianship without 35 -4- HF 591 (2) 88 hb/jh/md 4/ 24

H.F. 591 parental consent. 1 1. The court may appoint a guardian for a minor without the 2 consent of the parent or parents having legal custody of the 3 minor if the court finds by clear and convincing evidence all 4 of the following: 5 a. There is a person serving as a de facto guardian of the 6 minor. 7 b. There has been a demonstrated lack of consistent 8 parental participation in the life of the minor by the parent. 9 In determining whether a parent has demonstrated a lack of 10 consistent participation in the minor’s life, the court may 11 consider all of the following: 12 (1) The intent of the parent in placing the custody, care, 13 and supervision of the minor with the person petitioning as a 14 de facto guardian and the facts and circumstances regarding 15 such placement. 16 (2) The amount of communication and visitation of the parent 17 with the minor during the alleged de facto guardianship. 18 (3) Any refusal of the parent to comply with conditions for 19 retaining custody of the minor set forth in any previous court 20 orders. 21 2. The court may appoint a guardian for a minor without the 22 consent of the parent or parents having legal custody of the 23 minor if the court finds by clear and convincing evidence all 24 of the following: 25 a. No parent having legal custody of the minor is willing or 26 able to exercise the power the court will grant to the guardian 27 if the court appoints a guardian. 28 b. Appointment of a guardian for the minor is in the best 29 interest of the minor. 30 3. Prior to granting a petition for guardianship, the 31 court shall consider whether the filing of a child in need of 32 assistance petition is appropriate under section 232.87. If 33 the court determines a child in need of assistance petition is 34 not appropriate, the court shall make findings of why a child 35 -5- HF 591 (2) 88 hb/jh/md 5/ 24

H.F. 591 in need of assistance petition is not appropriate. 1 4. A proceeding under this section shall not create a new 2 eligibility category for the department of human services 3 protective services. 4 Sec. 11. NEW SECTION . 232D.301 Petition. 5 1. Proceedings for guardianship pursuant to this chapter 6 may be initiated by the filing of a petition by any person with 7 an interest in the welfare of the minor. 8 2. The petition shall list, to the extent known, all of the 9 following: 10 a. The name, age, and address of the minor who is the 11 subject of the petition. 12 b. The name and address of the petitioner and the 13 petitioner’s relationship to the minor. 14 c. If the petitioner is not the proposed guardian, the 15 name and address of the proposed guardian and the reason the 16 proposed guardian should be selected. 17 d. The name and address, to the extent known and 18 ascertainable, of the following: 19 (1) Any living parents of the minor. 20 (2) Any legal custodian of the minor. 21 (3) Any adult who has had the primary care of the minor or 22 with whom the minor has lived for at least six months prior to 23 the filing of the petition. 24 3. The petition shall contain a concise statement of the 25 factual basis for the petition. 26 4. The petition shall state whether a limited guardianship 27 is appropriate. 28 5. Any additional information, to the extent known and 29 reasonably ascertainable, required by section 598B.209 shall be 30 included in an affidavit attached to the petition. 31 6. The petition may request that a temporary guardian for 32 a minor may be appointed. Such a petition shall specify the 33 duration of the requested temporary guardianship and the reason 34 for a temporary guardianship. 35 -6- HF 591 (2) 88 hb/jh/md 6/ 24

H.F. 591 Sec. 12. NEW SECTION . 232D.302 Notice. 1 1. The filing of a petition shall be served upon the 2 minor who is the subject of the petition in the manner of an 3 original notice in accordance with the rules of civil procedure 4 governing such notice. Notice to the attorney representing the 5 minor, if any, is notice to the minor. 6 2. Notice shall be served upon the minor’s known parents 7 listed in the petition in accordance with the rules of civil 8 procedure. 9 3. Notice shall be served upon other known persons listed in 10 the petition in the manner prescribed by the court, which may 11 be notice by mail. Failure of such persons to receive actual 12 notice does not constitute a jurisdictional defect precluding 13 the appointment of a guardian by the court. 14 4. Notice of the filing of a petition given to a person 15 under subsection 2 or 3 shall include a statement that the 16 person may register to receive notice of the hearing on 17 the petition and other proceedings and the manner of such 18 registration. 19 Sec. 13. NEW SECTION . 232D.303 Attorney for minor. 20 1. Upon the filing of a petition for appointment of a 21 guardian pursuant to section 232D.301, the court shall appoint 22 an attorney for the minor, if the court determines that the 23 interests of the minor are or may be inadequately represented. 24 2. An attorney representing the minor shall advocate 25 for the wishes of the minor to the extent that those wishes 26 are reasonably ascertainable and advocate for best interest 27 of the minor if the wishes of the minor are not reasonably 28 ascertainable. 29 Sec. 14. NEW SECTION . 232D.304 Attorney for parent. 30 Upon the filing of a petition for appointment of a guardian, 31 the court shall appoint an attorney for the parent identified 32 in the petition if all of the following are true: 33 1. The parent objects to the appointment of a guardian for 34 the minor. 35 -7- HF 591 (2) 88 hb/jh/md 7/ 24

H.F. 591 2. The parent requests appointment of an attorney and 1 the court determines that the parent is unable to pay for an 2 attorney in accordance with section 232D.505. 3 Sec. 15. NEW SECTION . 232D.305 Court visitor. 4 1. The court may appoint a court visitor for the minor. 5 2. The same person shall not serve both as the attorney 6 representing the minor and as court visitor. 7 3. Unless otherwise enlarged or circumscribed by the court, 8 the duties of a court visitor with respect to the minor shall 9 include all of the following: 10 a. Conducting, if the minor’s age is appropriate, an initial 11 in-person interview with the minor. 12 b. Explaining to the minor, if the minor’s age is 13 appropriate, the substance of the petition, the purpose and 14 effect of the guardianship proceeding, the rights of the 15 minor at the hearing, and the general powers and duties of a 16 guardian. 17 c. Determining, if the minor’s age is appropriate, the views 18 of the minor regarding the proposed guardian, the proposed 19 guardian’s powers and duties, and the scope and duration of the 20 proposed guardianship. 21 d. Interviewing the parent or parents and any other person 22 with legal responsibility for the custody, care, or both, of 23 the minor. 24 e. Interviewing the petitioner, and if the petitioner is not 25 the proposed guardian, interviewing the proposed guardian. 26 f. Visiting, to the extent feasible, the residence where it 27 is reasonably believed that the minor will live if the guardian 28 is appointed. 29 g. Making any other investigation the court directs, 30 including but not limited to interviewing any persons providing 31 medical, mental health, educational, social, or other services 32 to the minor. 33 4. The court visitor shall submit a written report to the 34 court that contains all of the following: 35 -8- HF 591 (2) 88 hb/jh/md 8/ 24

H.F. 591 a. A recommendation regarding the appropriateness of a 1 guardianship for the minor. 2 b. A statement of the qualifications of the guardian 3 together with a statement of whether the minor has expressed 4 agreement with the appointment of the proposed guardian. 5 c. Any other matters the court visitor deems relevant to the 6 petition for guardianship and the best interests of the minor. 7 d. Any other matters the court directs. 8 5. The report of the court visitor shall be made part of the 9 court record unless otherwise ordered by the court. 10 Sec. 16. NEW SECTION . 232D.306 Hearing on petition. 11 1. The court shall fix the time and place of hearing on 12 the petition and shall prescribe a time not less than twenty 13 days after the date the notice is served unless the court finds 14 there is good cause shown to shorten the time period. The 15 court shall also prescribe the manner of service of the notice 16 of such hearing. 17 2. The minor who is the subject of a petition filed pursuant 18 to section 232D.301 shall be entitled to attend the hearing on 19 the petition if the minor is of an age appropriate to attend 20 the hearing. A presumption shall exist that a minor fourteen 21 years of age or older is of an age appropriate to attend the 22 hearing. 23 3. The court shall not exclude a minor entitled to 24 attend the hearing under subsection 2 unless the court finds 25 that there is good cause shown for excluding the minor from 26 attendance. 27 Sec. 17. NEW SECTION . 232D.307 Background checks of 28 proposed guardians. 29 1. The court shall request criminal record checks and checks 30 of the child abuse, dependent adult abuse, and sex offender 31 registries in this state for all proposed guardians other than 32 financial institutions with Iowa trust powers unless a proposed 33 guardian has undergone the required background checks in this 34 section within the twelve months prior to the filing of a 35 -9- HF 591 (2) 88 hb/jh/md 9/ 24

H.F. 591 petition. 1 2. The court shall review the results of background checks 2 in determining the suitability of a proposed guardian for 3 appointment. 4 3. The judicial branch in conjunction with the department 5 of public safety, the department of human services, and the 6 state chief information officer shall establish procedures for 7 electronic access to the single contact repository necessary to 8 conduct background checks requested under subsection 1. 9 4. The person who files a petition for appointment of 10 guardian for a minor shall be responsible for paying the fee 11 for the background check conducted through the single contact 12 repository unless the court waives the fee for good cause 13 shown. 14 Sec. 18. NEW SECTION . 232D.308 Selection of guardian —— 15 qualifications and preferences. 16 1. The court shall appoint as guardian a qualified and 17 suitable person who is willing to serve subject to the 18 preferences as to the appointment of a guardian set forth in 19 subsections 2 and 3. 20 2. In appointing a guardian for a minor, the court shall 21 give preference to a person, if qualified and suitable, 22 nominated as guardian for a minor by a will that was executed 23 by the parent or parents having legal custody of the minor 24 at the time of the parent’s or parents’ death, and that was 25 admitted to probate under chapter 633. 26 3. In appointing a guardian for a minor, the court shall 27 give preference, if qualified and suitable, to a person 28 requested by a minor fourteen years of age or older. 29 Sec. 19. NEW SECTION . 232D.309 Emergency appointment of 30 temporary guardian. 31 1. A person authorized to file a petition under section 32 232D.301 may file a petition for the emergency appointment of a 33 temporary guardian for the minor. 34 2. The petition shall state all of the following: 35 -10- HF 591 (2) 88 hb/jh/md 10/ 24

H.F. 591 a. The name and address of the minor and the birthdate of 1 the minor. 2 b. The name and address of the living parents of the minor, 3 if known. 4 c. The name and address of any other person legally 5 responsible for the custody or care of the minor, if known. 6 d. The reason the emergency appointment of a temporary 7 guardian is sought. 8 3. The court may enter an ex parte order appointing a 9 temporary guardian for a minor on an emergency basis under this 10 section if the court finds that all of the following are met: 11 a. There is not sufficient time to file a petition and hold 12 a hearing pursuant to section 232D.301. 13 b. The appointment of temporary guardian is necessary to 14 avoid immediate or irreparable harm to the minor. 15 4. Notice of the emergency appointment of a temporary 16 guardian shall be provided to persons required to be listed in 17 the petition under subsection 2. 18 5. The parents of the minor and any other person legally 19 responsible for the custody or care of the minor may file a 20 written request for a hearing. Such hearing shall be held no 21 later than seven days after the filing of the written request. 22 6. The powers of the temporary guardian set forth in the ex 23 parte order shall be limited to those necessary to address the 24 emergency situation requiring the appointment of a temporary 25 guardian. 26 7. The ex parte order shall terminate within thirty days 27 after the order is issued. 28 Sec. 20. NEW SECTION . 232D.310 Appointment of a guardian 29 for a minor on a standby basis. 30 1. An adult person having physical and legal custody of 31 a minor may execute a verified petition for the appointment 32 of a guardian of the minor upon the express condition that 33 the petition shall be acted upon by the court only upon 34 the occurrence of an event specified or the existence of a 35 -11- HF 591 (2) 88 hb/jh/md 11/ 24

H.F. 591 described condition of the mental or physical health of the 1 petitioner, the occurrence of which event, or the existence of 2 which condition, shall be established in the manner directed 3 in the petition. The petition, in addition to containing 4 the information required in section 232D.301, shall include 5 a statement that the petitioner understands the result of a 6 guardian being appointed for the minor. An appointment of a 7 guardian for a minor shall only be effective until the minor 8 attains full age. 9 2. A standby petition may nominate a person for appointment 10 to serve as guardian as well as alternate guardians if the 11 nominated person is unable or unwilling or is removed as 12 guardian. The court in appointing the guardian shall appoint 13 the person or persons nominated by the petitioner unless the 14 person or persons are not qualified or for other good cause and 15 shall give due regard to other requests and recommendations 16 contained in the petition. 17 3. A standby petition may be deposited with the clerk of the 18 county in which the minor resides or with any person nominated 19 by the petitioner to serve as guardian. 20 4. A standby petition may be revoked by the petitioner 21 at any time before appointment of a guardian by the court, 22 provided that the petitioner is of sound mind at the time 23 of revocation. Revocation shall be accomplished by the 24 destruction of the petition by the petitioner, or by the 25 execution of an acknowledged instrument of revocation. If the 26 petition has been deposited with the clerk, the revocation may 27 likewise be deposited there. 28 5. If the standby petition has been deposited with the 29 clerk under the provisions of subsection 3 and has not been 30 revoked under the provisions of subsection 4, the petition may 31 be filed with the court upon the filing of a verified statement 32 to the effect that the occurrence of the event or the condition 33 provided for in the petition has occurred. If the petition 34 has not been deposited with the clerk under the provisions of 35 -12- HF 591 (2) 88 hb/jh/md 12/ 24

H.F. 591 subsection 3 and has not been revoked under the provisions 1 of subsection 4, then the petition shall be filed with the 2 court at the time a verified statement that the occurrence 3 of the event or the condition provided for in the petition 4 has occurred is filed with the court in the county where the 5 minor then resides. Upon filing of the petition and verified 6 statement, the person filing the verified statement shall 7 become the petitioner and the proceedings shall be thereafter 8 conducted as provided for in this chapter. 9 6. A standby petition for the appointment of a guardian for 10 a minor shall not supersede any contradictory provision in a 11 will admitted to probate of a parent, guardian, or custodian 12 having physical and legal custody of a minor in the event of 13 the parent’s, guardian’s, or custodian’s death. 14 Sec. 21. NEW SECTION . 232D.311 Appointment of guardian for 15 minor approaching majority on a standby basis. 16 Notwithstanding section 232D.103, any adult with an interest 17 in the welfare of a minor who is at least seventeen years and 18 six months of age may file a verified petition pursuant to 19 section 633.552 to initiate a proceeding to appoint a guardian 20 of the minor to take effect on the minor’s eighteenth birthday. 21 Sec. 22. NEW SECTION . 232D.401 Order appointing guardian 22 and powers of guardian. 23 1. The order by the court appointing a guardian for a minor 24 shall state the basis for the order. 25 2. The order by the court appointing a guardian for a minor 26 shall state whether the guardianship is a limited guardianship. 27 3. An order by the court appointing a guardian for a minor 28 shall state the powers granted to the guardian. Except as 29 otherwise limited by court order, the court may grant the 30 guardian the following powers, which may be exercised without 31 prior court approval: 32 a. Taking custody of the minor and establishing the minor’s 33 permanent residence if otherwise consistent with the terms of 34 any order of competent jurisdiction relating to the custody, 35 -13- HF 591 (2) 88 hb/jh/md 13/ 24

H.F. 591 placement, detention, or commitment of the minor within the 1 state. 2 b. Consenting to medical, dental, and other health care 3 treatment and services for the minor. 4 c. Providing or arranging for the provision of education 5 for the minor including but not limited to preschool education, 6 primary education and secondary education, special education 7 and related services, and vocational services. 8 d. Consenting to professional services for the minor to 9 ensure the safety and welfare of the minor. 10 e. Applying for and receiving funds and benefits payable for 11 the support of the minor. 12 f. Any other powers the court may specify. 13 4. The court may grant the guardian the following powers, 14 which shall only be exercised with prior court approval: 15 a. Consenting to the withholding or withdrawal of 16 life-sustaining procedures, as defined in section 144A.2, from 17 the minor, the performance of an abortion on the minor, or the 18 sterilization of the minor. 19 b. Establishing the residence of the minor outside of the 20 state. 21 c. Consenting to the marriage of the minor. 22 d. Consenting to the emancipation of the minor. 23 5. The guardian shall obtain prior court approval for denial 24 of all visitation, communication, or interaction between the 25 minor and the parents of the minor. The court shall approve 26 such denial of visitation, communication, or interaction 27 upon a showing by the guardian that significant physical or 28 emotional harm to the minor has resulted or is likely to result 29 to the minor from parental contact. The guardian may place 30 reasonable time, place, or manner restrictions on visitation, 31 communication, or interaction between the minor and the minor’s 32 parents without prior court approval. 33 Sec. 23. NEW SECTION . 232D.402 Duties and responsibilities 34 of guardian. 35 -14- HF 591 (2) 88 hb/jh/md 14/ 24

H.F. 591 1. A guardian is a fiduciary and shall act in the 1 best interest of the minor and exercise reasonable care, 2 diligence, and prudence in performing guardianship duties and 3 responsibilities. The fiduciary duties of a guardian for an 4 adult set forth in chapter 633 are applicable to a guardian 5 under this chapter. 6 2. Except as otherwise limited by the court, a guardian 7 has the duty and responsibility to ensure the minor’s health, 8 education, safety, welfare, and support. 9 3. A guardian with whom the minor is not living should 10 maintain regular contact with the minor. 11 4. A guardian should make reasonable efforts to facilitate 12 the continuation of the relationship of the minor and the 13 minor’s parents subject to section 232D.401, subsection 5. 14 5. A guardian shall file the reports with the court required 15 under section 232D.501. 16 6. A guardian shall promptly inform the court of any change 17 in the permanent residence of the minor and the minor’s new 18 address. 19 7. A guardian shall promptly inform the court of any change 20 in the minor’s school or school district. 21 Sec. 24. NEW SECTION . 232D.403 Guardian’s acceptance of 22 appointment and oath and issuance of letters of appointment. 23 The court shall issue letters of appointment to a guardian 24 upon the guardian’s acceptance of appointment and the 25 guardian’s subscription of an oath, or certification under 26 penalties of perjury, that the guardian will faithfully 27 discharge the duties imposed by law, according to the best of 28 the guardian’s ability. 29 Sec. 25. NEW SECTION . 232D.501 Reports of guardian. 30 1. A guardian appointed by the court under this chapter 31 shall file the following reports which shall not be waived by 32 the court: 33 a. A verified initial care plan filed within sixty days of 34 appointment. The information in the initial care plan shall 35 -15- HF 591 (2) 88 hb/jh/md 15/ 24

H.F. 591 include but not be limited to the following information: 1 (1) The minor’s current residence and guardian’s plan for 2 the minor’s living arrangements. 3 (2) The guardian’s plan for payment of the minor’s living 4 expenses and other expenses. 5 (3) The minor’s health status and the guardian’s plan for 6 meeting the minor’s health needs. 7 (4) The minor’s educational training and vocational needs 8 and the guardian’s plan for meeting the minor’s educational 9 training and vocational needs. 10 (5) The guardian’s plan for facilitating contacts of the 11 minor with the minor’s parents. 12 (6) The guardian’s plan for contact with and activities on 13 behalf of the minor. 14 b. A verified annual report filed within thirty days of 15 the close of the reporting period. The information in the 16 annual report shall include but not be limited to the following 17 information: 18 (1) The current residence and living arrangements of the 19 minor. 20 (2) The sources of the payment for the minor’s living 21 expenses and other expenses. 22 (3) The minor’s health status and health services provided 23 the minor. 24 (4) The minor’s mental, behavioral, or emotional problems, 25 if any, and professional services provided the minor for such 26 problems. 27 (5) The minor’s educational status and educational training 28 and vocational services provided the minor. 29 (6) The nature and extent of parental visits and 30 communication with the minor. 31 (7) The nature and extent of the guardian’s visits with and 32 activities on behalf of the minor. 33 (8) The need for continuation of guardianship. 34 (9) The ability of the guardian to continue as guardian. 35 -16- HF 591 (2) 88 hb/jh/md 16/ 24

H.F. 591 (10) The need of the guardian for assistance in providing or 1 arranging for the provision of care for the minor. 2 c. A final report filed within thirty days of the 3 termination of the guardianship under section 232D.503. 4 2. The judicial branch shall prescribe the forms for use by 5 the guardian in filing the reports required by this section. 6 3. The clerk of the court shall notify the guardian in 7 writing of the reporting requirements and shall provide 8 information and assistance to the guardian in filing the 9 reports. 10 4. Reports of the guardian shall be reviewed and approved 11 by the court. 12 Sec. 26. NEW SECTION . 232D.502 Removal of guardian —— 13 appointment of successor guardian. 14 1. The court may remove a guardian for a minor for failure 15 to perform guardianship duties or for other good cause shown. 16 2. The court shall conduct a hearing to determine whether 17 a guardian should be removed on the filing of a petition by 18 a minor under guardianship who is fourteen years of age or 19 older, the parent of a minor, or other person with an interest 20 in welfare of the minor if the court determines that there are 21 reasonable grounds for believing that removal is appropriate 22 based on the allegations stated in the petition. 23 3. The court may conduct a hearing to determine whether 24 the guardian should be removed on the receipt of a written 25 communication from a minor under guardianship who is fourteen 26 years of age or older, the parent of the minor, or other 27 person with an interest in welfare of the minor if the court 28 determines that a hearing would be in the best interest of the 29 minor. 30 4. The court may decline to hold a hearing under subsection 31 2 or 3 if the same or substantially similar facts were alleged 32 in a petition filed in the preceding six months or in a written 33 communication received in the preceding six months. 34 5. The court may appoint a successor guardian on the 35 -17- HF 591 (2) 88 hb/jh/md 17/ 24

H.F. 591 removal of a guardian pursuant to subsection 1, the death of a 1 guardian, or the resignation of a guardian. 2 Sec. 27. NEW SECTION . 232D.503 Termination and modification 3 of guardianships. 4 1. A guardianship shall terminate on the minor’s death, 5 adoption, emancipation, or attainment of majority. 6 2. The court shall terminate a guardianship established 7 pursuant to section 232D.203 if the court finds that the basis 8 for the guardianship set forth in section 232D.203 is not 9 currently satisfied unless the court finds that the termination 10 of the guardianship would be harmful to the minor and the 11 minor’s interest in continuation of the guardianship outweighs 12 the interest of a parent of the minor in the termination of the 13 guardianship. 14 3. The court shall terminate a guardianship established 15 pursuant to section 232D.204 if the court finds that the 16 basis for the guardianship set forth in section 232D.204 17 is not currently satisfied. A person seeking termination 18 of guardianship established pursuant to section 232D.204 19 has the burden of making a prima facie showing that the 20 guardianship should be terminated. If such a showing is made, 21 the guardian has the burden of going forward to prove by clear 22 and convincing evidence that the guardianship should not be 23 terminated. 24 4. The court shall modify the powers granted to the guardian 25 if the court finds such powers no longer meet the needs of the 26 minor or are not in the minor’s best interest. 27 5. The court may conduct a hearing to determine whether 28 termination or modification of a guardianship is appropriate 29 on the filing of a petition by a minor fourteen years of age or 30 older who is under guardianship, a guardian, or other person 31 with an interest in the welfare of the minor or on receipt of a 32 written communication from such persons. 33 Sec. 28. NEW SECTION . 232D.504 Rights and immunities of 34 a guardian. 35 -18- HF 591 (2) 88 hb/jh/md 18/ 24

H.F. 591 1. A guardian is not required to use the guardian’s personal 1 funds for the minor’s expenses. If a conservator has been 2 appointed for the estate of the minor, the guardian may request 3 and the conservator may approve and pay for the requested 4 reimbursement without prior court approval. 5 2. A guardian may submit a request, together with the 6 guardian’s annual report, for approval by the court of 7 reasonable compensation for services as guardian. 8 3. Notwithstanding section 137C.25B or any other provision 9 of law to the contrary, a guardian is not liable to a third 10 person for an act or omission of the minor solely by reason of 11 the guardianship. 12 Sec. 29. NEW SECTION . 232D.505 Expenses. 13 1. Except as otherwise provided by law, the court shall 14 inquire into the ability of the minor or the minor’s parent to 15 pay expenses incurred pursuant to the guardianship proceedings 16 established under this chapter. After giving the minor and 17 the parent a reasonable opportunity to be heard, the court 18 may order the minor or the parent to pay all or part of the 19 following: 20 a. Costs of legal expenses of the minor and the parent. 21 b. Expenses for a court visitor. 22 c. Filing fees and other court costs, unless the costs are 23 waived for good cause shown. 24 2. If the court finds a minor’s parents to be indigent, or 25 if the minor has no parent, costs shall be assessed against 26 the county in which the proceeding is pending. For purposes 27 of assessing costs under this subsection, the court shall find 28 a minor’s parents to be indigent if the minor’s or the parent’s 29 income and resources do not exceed one hundred fifty percent 30 of the federal poverty level, or the minor’s parent would be 31 unable to pay such costs without prejudicing the parent’s 32 ability to provide economic necessities for the parent or the 33 parent’s dependents. 34 DIVISION II 35 -19- HF 591 (2) 88 hb/jh/md 19/ 24