Senate File 425 - IntroducedA Bill ForAn Act 1providing for juvenile court jurisdiction over minor
2guardianship proceedings and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2IOWA MINOR GUARDIANSHIP PROCEEDINGS ACT
3   Section 1.  NEW SECTION.  232D.101  Title.
   4This chapter shall be known as the “Iowa Minor Guardianship
5Proceedings Act”
.
6   Sec. 2.  NEW SECTION.  232D.102  Definitions.
   71.  “Adult” means a person eighteen years of age or older
8or a person declared to be emancipated by a court of competent
9jurisdiction.
   102.  “Conservator” means a person appointed by a court to have
11custody and control of the property of a minor.
   123.  “Court” means the juvenile court established under
13section 602.7101.
   144.  “Demonstrated lack of consistent parental participation”
15means the refusal of a parent to comply with duties and
16responsibilities imposed upon a parent by the parent-child
17relationship, including but not limited to providing the minor
18with necessary food, clothing, shelter, health care, education,
19and other care and supervision necessary for the minor’s
20physical, mental, and emotional health and development.
   215.  “Guardian” means a person appointed by the court to have
22custody of a minor.
   236.  “Legal custodian” means a person awarded legal custody
24of a minor.
   257.  “Legal custody” means an award of the rights of legal
26custody of a minor under which a parent has legal custodial
27rights and responsibilities toward the minor child including
28but not limited to decision making affecting the minor’s legal
29status, medical care, education, extracurricular activities,
30and religious instruction.
   318.  “Limited guardianship” means a guardianship that grants
32the guardian less than all powers available under this chapter
33or otherwise restricts the powers of the guardian.
   349.  “Minor” means an unmarried and unemancipated person under
35the age of eighteen years.
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   110.  “Parent” means a biological or adoptive mother or father
2of a child, a person whose parental status has been established
3by operation of law due to the person’s marriage to the mother
4at the time of the conception or birth of the child, by order
5of a court of competent jurisdiction, or by an administrative
6order when authorized by state law. “Parent” does not include a
7person whose parental rights have been terminated.
8   Sec. 3.  NEW SECTION.  232D.103  Jurisdiction.
   9The juvenile court has exclusive jurisdiction in a
10guardianship proceeding concerning a minor who is alleged to
11be in need of a guardianship.
12   Sec. 4.  NEW SECTION.  232D.104  Venue.
   131.  Venue for guardianship proceedings under this chapter
14shall be in the judicial district where the minor is found or
15in the judicial district of the minor’s residence.
   162.  The court may transfer a guardianship proceeding brought
17under this chapter to the juvenile court of any county having
18venue at any stage in the proceedings as follows:
   19a.  When it appears that the best interests of the minor
20or the convenience of the proceedings shall be served by a
21transfer, the court may transfer the case to the court of the
22county of the minor’s residence.
   23b.  With the consent of the receiving court, the court may
24transfer the case to the court of the county where the minor is
25found.
   263.  The court shall transfer the case by ordering the
27transfer and a continuance and by forwarding to the clerk
28of the receiving court a certified copy of all papers filed
29together with an order of transfer. The judge of the receiving
30court may accept the filings of the transferring court or may
31direct the filing of a new petition and hear the case anew.
32   Sec. 5.  NEW SECTION.  232D.105  Proceedings governed by other
33law.
   341.  A petition alleging that a minor is in need of a
35conservatorship is not subject to this chapter. Such
-2-1proceedings shall be governed by chapter 633 and may be
2initiated pursuant to section 633.627.
   32.  A petition for the appointment of a guardian for a minor
4and a petition for appointment of a conservator of a minor
5shall not be combined.
   63.  If a minor guardianship proceeding under this chapter
7pertains to an Indian child as defined in section 232B.3 and
8the proceeding is subject to the Iowa Indian child welfare Act
9under chapter 232B, the proceeding and other actions taken in
10connection with the proceeding shall comply with chapter 232B.
11   Sec. 6.  NEW SECTION.  232D.106  Applicability of rules of
12civil procedure.
   13The rules of civil procedure shall govern guardianship
14proceedings concerning a minor who is alleged to be in need of
15a guardianship except as otherwise set forth in this chapter.
16   Sec. 7.  NEW SECTION.  232D.201  Termination of parental
17rights and child in need of assistance cases.
   181.  The court may appoint a guardian for a minor who does not
19have a guardian if all parental rights have been terminated.
   202.  The court may appoint a guardian for a minor in a child
21in need of assistance case pursuant to section 232.101A,
22232.103A, or 232.104.
23   Sec. 8.  NEW SECTION.  232D.202  Death of parents.
   241.  The court may appoint a guardian for a minor if both
25parents are deceased.
   262.  In appointing a guardian for a minor whose parents are
27deceased, the court shall give preference to a person, if
28qualified and suitable, nominated as guardian for a minor by a
29will that was executed by the parent or parents having legal
30custody of the minor at the time of the parent’s or parents’
31death, and that was admitted to probate under chapter 633.
32   Sec. 9.  NEW SECTION.  232D.203  Guardianship with parental
33consent.
   341.  The court may appoint a guardian for a minor if the court
35finds all of the following:
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   1a.  The parent or parents having legal custody of the minor
2understand the nature of the guardianship and knowingly and
3voluntarily consent to the guardianship.
   4b.  The minor is in need of a guardianship because of any one
5of the following:
   6(1)  The parent having legal custody of the minor has a
7physical or mental illness that prevents the parent from
8providing care and supervision of the child.
   9(2)  The parent having legal custody of the minor is
10incarcerated or imprisoned.
   11(3)  The parent having legal custody of the minor is on
12active military duty.
   13(4)  The minor is in need of a guardianship for some other
14reason constituting good cause shown.
   15c.  Appointment of a guardian for the minor is in the best
16interest of the minor.
   172.  If the guardianship petition requests a guardianship
18with parental consent, the petition shall include an affidavit
19signed by the parent or parents verifying that the parent or
20parents knowingly and voluntarily consent to the guardianship.
21The consent required by this subsection shall be on a form
22prescribed by the judicial branch.
   233.  On or before the date of the hearing on the petition,
24the parent or parents and the proposed guardian shall file
25an agreement with the court. This agreement shall state the
26following:
   27a.  The responsibilities of the guardian.
   28b.  The responsibilities of the parent or parents.
   29c.  The expected duration of the guardianship, if known.
   304.  If the court grants the petition, it shall approve the
31guardianship agreement between the custodial parent and the
32proposed guardian and incorporate its terms by reference unless
33the court finds the agreement was not reached knowingly and
34voluntarily or is not in the best interests of the child.
35   Sec. 10.  NEW SECTION.  232D.204  Guardianship without
-4-1parental consent.
   21.  The court may appoint a guardian for a minor without the
3consent of the parent or parents having legal custody of the
4minor if the court finds by clear and convincing evidence all
5of the following:
   6a.  There is a person serving as a de facto guardian of the
7minor.
   8b.  There has been a demonstrated lack of consistent
9parental participation in the life of the minor by the parent.
10In determining whether a parent has demonstrated a lack of
11consistent participation in the minor’s life, the court may
12consider all of the following:
   13(1)  The intent of the parent in placing the custody, care,
14and supervision of the minor with the person petitioning as a
15de facto guardian and the facts and circumstances regarding
16such placement.
   17(2)  The amount of communication and visitation of the parent
18with the minor during the alleged de facto guardianship.
   19(3)  Any refusal of the parent to comply with conditions for
20retaining custody of the minor set forth in any previous court
21orders.
   222.  The court may appoint a guardian for a minor without the
23consent of the parent or parents having legal custody of the
24minor if the court finds by clear and convincing evidence all
25of the following:
   26a.  No parent having legal custody of the minor is willing or
27able to exercise the power the court will grant to the guardian
28if the court appoints a guardian.
   29b.  Appointment of a guardian for the minor is in the best
30interest of the minor.
   313.  Prior to granting a petition for guardianship, the
32court shall consider whether the filing of a child in need of
33assistance petition is appropriate under section 232.87. If
34the court determines a child in need of assistance petition is
35not appropriate, the court shall make findings of why a child
-5-1in need of assistance petition is not appropriate.
   24.  A proceeding under this section shall not create a new
3eligibility category for the department of human services
4protective services.
5   Sec. 11.  NEW SECTION.  232D.301  Petition.
   61.  Proceedings for guardianship pursuant to this chapter
7may be initiated by the filing of a petition by any person with
8an interest in the welfare of the minor.
   92.  The petition shall list, to the extent known, all of the
10following:
   11a.  The name, age, and address of the minor who is the
12subject of the petition.
   13b.  The name and address of the petitioner and the
14petitioner’s relationship to the minor.
   15c.  If the petitioner is not the proposed guardian, the
16name and address of the proposed guardian and the reason the
17proposed guardian should be selected.
   18d.  The name and address, to the extent known and
19ascertainable, of the following:
   20(1)  Any living parents of the minor.
   21(2)  Any legal custodian of the minor.
   22(3)  Any adult who has had the primary care of the minor or
23with whom the minor has lived for at least six months prior to
24the filing of the petition.
   253.  The petition shall contain a concise statement of the
26factual basis for the petition.
   274.  The petition shall state whether a limited guardianship
28is appropriate.
   295.  Any additional information, to the extent known and
30reasonably ascertainable, required by section 598B.209 shall be
31included in an affidavit attached to the petition.
   326.  The petition may request that a temporary guardian for
33a minor may be appointed. Such a petition shall specify the
34duration of the requested temporary guardianship and the reason
35for a temporary guardianship.
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1   Sec. 12.  NEW SECTION.  232D.302  Notice.
   21.  The filing of a petition shall be served upon the minor
3who is the subject of the petition in the manner of an original
4notice in accordance with rule of civil procedure 1.305(2)
5governing such notice. Notice to the attorney representing the
6minor, if any, is notice to the minor.
   72.  Notice shall be served upon the minor’s known parents
8listed in the petition in accordance with rule of civil
9procedure 1.305.
   103.  Notice shall be served upon other known persons listed in
11the petition in the manner prescribed by the court, which may
12be notice by mail. Failure of such persons to receive actual
13notice does not constitute a jurisdictional defect precluding
14the appointment of a guardian by the court.
   154.  Notice of the filing of a petition given to a person
16under subsection 2 or 3 shall include a statement that the
17person may register to receive notice of the hearing on
18the petition and other proceedings and the manner of such
19registration.
20   Sec. 13.  NEW SECTION.  232D.303  Attorney for minor.
   211.  Upon the filing of a petition for appointment of a
22guardian pursuant to section 232D.301, the court may appoint
23an attorney for the minor, if the court determines that the
24interests of the minor are or may be inadequately represented.
   252.  An attorney representing the minor shall advocate
26for the wishes of the minor to the extent that those wishes
27are reasonably ascertainable and advocate for best interest
28of the minor if the wishes of the minor are not reasonably
29ascertainable.
30   Sec. 14.  NEW SECTION.  232D.304  Attorney for parent.
   31Upon the filing of a petition for appointment of a guardian,
32the court shall appoint an attorney for the parent identified
33in the petition if all of the following are true:
   341.  The parent objects to the appointment of a guardian for
35the minor.
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   12.  The parent requests appointment of an attorney and
2the court determines that the parent is unable to pay for an
3attorney in accordance with section 232D.505.
4   Sec. 15.  NEW SECTION.  232D.305  Court visitor.
   51.  The court may appoint a court visitor for the minor.
   62.  The same person shall not serve both as the attorney
7representing the minor and as court visitor.
   83.  Unless otherwise enlarged or circumscribed by the court,
9the duties of a court visitor with respect to the minor shall
10include all of the following:
   11a.  Conducting, if the minor’s age is appropriate, an initial
12in-person interview with the minor.
   13b.  Explaining to the minor, if the minor’s age is
14appropriate, the substance of the petition, the purpose and
15effect of the guardianship proceeding, the rights of the
16minor at the hearing, and the general powers and duties of a
17guardian.
   18c.  Determining, if the minor’s age is appropriate, the views
19of the minor regarding the proposed guardian, the proposed
20guardian’s powers and duties, and the scope and duration of the
21proposed guardianship.
   22d.  Interviewing the parent or parents and any other person
23with legal responsibility for the custody, care, or both, of
24the minor.
   25e.  Interviewing the petitioner, and if the petitioner is not
26the proposed guardian, interviewing the proposed guardian.
   27f.  Visiting, to the extent feasible, the residence where it
28is reasonably believed that the minor will live if the guardian
29is appointed.
   30g.  Making any other investigation the court directs,
31including but not limited to interviewing any persons providing
32medical, mental health, educational, social, or other services
33to the minor.
   344.  The court visitor shall submit a written report to the
35court that contains all of the following:
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   1a.  A recommendation regarding the appropriateness of a
2guardianship for the minor.
   3b.  A statement of the qualifications of the guardian
4together with a statement of whether the minor has expressed
5agreement with the appointment of the proposed guardian.
   6c.  Any other matters the court visitor deems relevant to the
7petition for guardianship and the best interests of the minor.
   8d.  Any other matters the court directs.
   95.  The report of the court visitor shall be made part of the
10court record unless otherwise ordered by the court.
11   Sec. 16.  NEW SECTION.  232D.306  Hearing on petition.
   121.  The court shall fix the time and place of hearing on
13the petition and shall prescribe a time not less than twenty
14days after the date the notice is served unless the court finds
15there is good cause shown to shorten the time period. The
16court shall also prescribe the manner of service of the notice
17of such hearing.
   182.  The minor who is the subject of a petition filed pursuant
19to section 232D.301 shall be entitled to attend the hearing on
20the petition if the minor is of an age appropriate to attend
21the hearing. A presumption shall exist that a minor fourteen
22years of age or older is of an age appropriate to attend the
23hearing.
   243.  The court shall not exclude a minor entitled to
25attend the hearing under subsection 2 unless the court finds
26that there is good cause shown for excluding the minor from
27attendance.
28   Sec. 17.  NEW SECTION.  232D.307  Background checks of
29proposed guardians.
   301.  The court shall request criminal record checks and checks
31of the child abuse, dependent adult abuse, and sex offender
32registries in this state for all proposed guardians other than
33financial institutions with Iowa trust powers unless a proposed
34guardian has undergone the required background checks in this
35section within the twelve months prior to the filing of a
-9-1petition.
   22.  The court shall review the results of background checks
3in determining the suitability of a proposed guardian for
4appointment.
   53.  The judicial branch in conjunction with the department
6of public safety, the department of human services, and the
7state chief information officer shall establish procedures for
8electronic access to the single contact repository necessary to
9conduct background checks requested under subsection 1.
   104.  The person who files a petition for appointment of
11guardian for a minor shall be responsible for paying the fee
12for the background check conducted through the single contact
13repository unless the court waives the fee for good cause
14shown.
15   Sec. 18.  NEW SECTION.  232D.308  Selection of guardian —
16qualifications and preferences.
   171.  The court shall appoint as guardian a qualified and
18suitable person who is willing to serve subject to the
19preferences as to the appointment of a guardian set forth in
20subsections 2 and 3.
   212.  In appointing a guardian for a minor, the court shall
22give preference to a person, if qualified and suitable,
23nominated as guardian for a minor by a will that was executed
24by the parent or parents having legal custody of the minor
25at the time of the parent’s or parents’ death, and that was
26admitted to probate under chapter 633.
   273.  In appointing a guardian for a minor, the court shall
28give preference, if qualified and suitable, to a person
29requested by a minor fourteen years of age or older.
30   Sec. 19.  NEW SECTION.  232D.309  Emergency appointment of
31temporary guardian.
   321.  A person authorized to file a petition under section
33232D.301 may file a petition for the emergency appointment of a
34temporary guardian for the minor.
   352.  The petition shall state all of the following:
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   1a.  The name and address of the minor and the birthdate of
2the minor.
   3b.  The name and address of the living parents of the minor,
4if known.
   5c.  The name and address of any other person legally
6responsible for the custody or care of the minor, if known.
   7d.  The reason the emergency appointment of a temporary
8guardian is sought.
   93.  The court may enter an ex parte order appointing a
10temporary guardian for a minor on an emergency basis under this
11section if the court finds that all of the following are met:
   12a.  There is not sufficient time to file a petition and hold
13a hearing pursuant to section 232D.301.
   14b.  The appointment of temporary guardian is necessary to
15avoid immediate or irreparable harm to the minor.
   164.  Notice of the emergency appointment of a temporary
17guardian shall be provided to persons required to be listed in
18the petition under subsection 2.
   195.  The parents of the minor and any other person legally
20responsible for the custody or care of the minor may file a
21written request for a hearing. Such hearing shall be held no
22later than seven days after the filing of the written request.
   236.  The powers of the temporary guardian set forth in the ex
24parte order shall be limited to those necessary to address the
25emergency situation requiring the appointment of a temporary
26guardian.
   277.  The ex parte order shall terminate within thirty days
28after the order is issued.
29   Sec. 20.  NEW SECTION.  232D.310  Appointment of a guardian
30for a minor on a standby basis.
   31A petition for the appointment of a guardian for a minor
32on a standby basis may be filed by any person under the same
33procedure and requirements as provided under this chapter.
34   Sec. 21.  NEW SECTION.  232D.311  Appointment of guardian for
35minor approaching majority on a standby basis.
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   1Notwithstanding section 232D.103, any adult with an interest
2in the welfare of a minor who is at least seventeen years and
3six months of age may file a verified petition pursuant to
4section 633.552 to initiate a proceeding to appoint a guardian
5of the minor to take effect on the minor’s eighteenth birthday.
6   Sec. 22.  NEW SECTION.  232D.401  Order appointing guardian
7and powers of guardian.
   81.  The order by the court appointing a guardian for a minor
9shall state the basis for the order.
   102.  The order by the court appointing a guardian for a minor
11shall state whether the guardianship is a limited guardianship.
   123.  An order by the court appointing a guardian for a minor
13shall state the powers granted to the guardian. Except as
14otherwise limited by court order, the court may grant the
15guardian the following powers, which may be exercised without
16prior court approval:
   17a.  Taking custody of the minor and establishing the minor’s
18permanent residence if otherwise consistent with the terms of
19any order of competent jurisdiction relating to the custody,
20placement, detention, or commitment of the minor within the
21state.
   22b.  Consenting to medical, dental, and other health care
23treatment and services for the minor.
   24c.  Providing or arranging for the provision of education
25for the minor including but not limited to preschool education,
26primary education and secondary education, special education
27and related services, and vocational services.
   28d.  Consenting to professional services for the minor to
29ensure the safety and welfare of the minor.
   30e.  Applying for and receiving funds and benefits payable for
31the support of the minor.
   32f.  Any other powers the court may specify.
   334.  The court may grant the guardian the following powers,
34which shall only be exercised with prior court approval:
   35a.  Consenting to the withholding or withdrawal of
-12-1life-sustaining procedures, as defined in section 144A.2, from
2the minor, the performance of an abortion on the minor, or the
3sterilization of the minor.
   4b.  Establishing the residence of the minor outside of the
5state.
   6c.  Consenting to the marriage of the minor.
   7d.  Consenting to the emancipation of the minor.
   85.  The guardian shall obtain prior court approval for denial
9of all visitation, communication, or interaction between the
10minor and the parents of the minor. The court shall approve
11such denial of visitation, communication, or interaction
12upon a showing by the guardian that significant physical or
13emotional harm to the minor has resulted or is likely to result
14to the minor from parental contact. The guardian may place
15reasonable time, place, or manner restrictions on visitation,
16communication, or interaction between the minor and the minor’s
17parents without prior court approval.
18   Sec. 23.  NEW SECTION.  232D.402  Duties and responsibilities
19of guardian.
   201.  A guardian is a fiduciary and shall act in the
21best interest of the minor and exercise reasonable care,
22diligence, and prudence in performing guardianship duties and
23responsibilities. The fiduciary duties of a guardian for an
24adult set forth in chapter 633 are applicable to a guardian
25under this chapter.
   262.  Except as otherwise limited by the court, a guardian
27has the duty and responsibility to ensure the minor’s health,
28education, safety, welfare, and support.
   293.  A guardian with whom the minor is not living should
30maintain regular contact with the minor.
   314.  A guardian should make reasonable efforts to facilitate
32the continuation of the relationship of the minor and the
33minor’s parents subject to section 232D.401, subsection 5.
   345.  A guardian shall file the reports with the court required
35under section 232D.501.
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   16.  A guardian shall promptly inform the court of any change
2in the permanent residence of the minor and the minor’s new
3address.
4   Sec. 24.  NEW SECTION.  232D.403  Guardian’s acceptance of
5appointment and oath and issuance of letters of appointment.
   6The court shall issue letters of appointment to a guardian
7upon the guardian’s acceptance of appointment and the
8guardian’s subscription of an oath, or certification under
9penalties of perjury, that the guardian will faithfully
10discharge the duties imposed by law, according to the best of
11the guardian’s ability.
12   Sec. 25.  NEW SECTION.  232D.501  Reports of guardian.
   131.  A guardian appointed by the court under this chapter
14shall file the following reports which shall not be waived by
15the court:
   16a.  A verified initial care plan filed within sixty days of
17appointment. The information in the initial care plan shall
18include but not be limited to the following information:
   19(1)  The minor’s current residence and guardian’s plan for
20the minor’s living arrangements.
   21(2)  The guardian’s plan for payment of the minor’s living
22expenses and other expenses.
   23(3)  The minor’s health status and the guardian’s plan for
24meeting the minor’s health needs.
   25(4)  The minor’s educational training and vocational needs
26and the guardian’s plan for meeting the minor’s educational
27training and vocational needs.
   28(5)  The guardian’s plan for facilitating contacts of the
29minor with the minor’s parents.
   30(6)  The guardian’s plan for contact with and activities on
31behalf of the minor.
   32b.  A verified annual report filed within thirty days of
33the close of the reporting period. The information in the
34annual report shall include but not be limited to the following
35information:
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   1(1)  The current residence and living arrangements of the
2minor.
   3(2)  The sources of the payment for the minor’s living
4expenses and other expenses.
   5(3)  The minor’s health status and health services provided
6the minor.
   7(4)  The minor’s mental, behavioral, or emotional problems,
8if any, and professional services provided the minor for such
9problems.
   10(5)  The minor’s educational status and educational training
11and vocational services provided the minor.
   12(6)  The nature and extent of parental visits and
13communication with the minor.
   14(7)  The nature and extent of the guardian’s visits with and
15activities on behalf of the minor.
   16(8)  The need for continuation of guardianship.
   17(9)  The ability of the guardian to continue as guardian.
   18(10)  The need of the guardian for assistance in providing or
19arranging for the provision of care for the minor.
   20c.  A final report filed within thirty days of the
21termination of the guardianship under section 232D.503.
   222.  The judicial branch shall prescribe the forms for use by
23the guardian in filing the reports required by this section.
   243.  The clerk of the court shall notify the guardian in
25writing of the reporting requirements and shall provide
26information and assistance to the guardian in filing the
27reports.
   284.  Reports of the guardian shall be reviewed and approved
29by the court.
30   Sec. 26.  NEW SECTION.  232D.502  Removal of guardian —
31appointment of successor guardian.
   321.  The court may remove a guardian for a minor for failure
33to perform guardianship duties or for other good cause shown.
   342.  The court shall conduct a hearing to determine whether
35a guardian should be removed on the filing of a petition by
-15-1a minor under guardianship who is fourteen years of age or
2older, the parent of a minor, or other person with an interest
3in welfare of the minor if the court determines that there are
4reasonable grounds for believing that removal is appropriate
5based on the allegations stated in the petition.
   63.  The court may conduct a hearing to determine whether
7the guardian should be removed on the receipt of a written
8communication from a minor under guardianship who is fourteen
9years of age or older, the parent of the minor, or other
10person with an interest in welfare of the minor if the court
11determines that a hearing would be in the best interest of the
12minor.
   134.  The court may decline to hold a hearing under subsection
142 or 3 if the same or substantially similar facts were alleged
15in a petition filed in the preceding six months or in a written
16communication received in the preceding six months.
   175.  The court may appoint a successor guardian on the
18removal of a guardian pursuant to subsection 1, the death of a
19guardian, or the resignation of a guardian.
20   Sec. 27.  NEW SECTION.  232D.503  Termination and modification
21of guardianships.
   221.  A guardianship shall terminate on the minor’s death,
23adoption, emancipation, or attainment of majority.
   242.  The court shall terminate a guardianship established
25pursuant to section 232D.203 if the court finds that the basis
26for the guardianship set forth in section 232D.203 is not
27currently satisfied unless the court finds that the termination
28of the guardianship would be harmful to the minor and the
29minor’s interest in continuation of the guardianship outweighs
30the interest of a parent of the minor in the termination of the
31guardianship.
   323.  The court shall terminate a guardianship established
33pursuant to section 232D.204 if the court finds that the
34basis for the guardianship set forth in section 232D.204
35is not currently satisfied. A person seeking termination
-16-1of guardianship established pursuant to section 232D.204
2has the burden of making a prima facie showing that the
3guardianship should be terminated. If such a showing is made,
4the guardian has the burden of going forward to prove by clear
5and convincing evidence that the guardianship should not be
6terminated.
   74.  The court shall modify the powers granted to the guardian
8if the court finds such powers no longer meet the needs of the
9minor or are not in the minor’s best interest.
   105.  The court may conduct a hearing to determine whether
11termination or modification of a guardianship is appropriate
12on the filing of a petition by a minor fourteen years of age or
13older who is under guardianship, a guardian, or other person
14with an interest in the welfare of the minor or on receipt of a
15written communication from such persons.
16   Sec. 28.  NEW SECTION.  232D.504  Rights and immunities of
17a guardian.
   181.  A guardian is not required to use the guardian’s personal
19funds for the minor’s expenses. If a conservator has been
20appointed for the estate of the minor, the guardian may request
21and the conservator may approve and pay for the requested
22reimbursement without prior court approval.
   232.  A guardian may submit a request, together with the
24guardian’s annual report, for approval by the court of
25reasonable compensation for services as guardian.
   263.  Notwithstanding section 137C.25B or any other provision
27of law to the contrary, a guardian is not liable to a third
28person for an act or omission of the minor solely by reason of
29the guardianship.
30   Sec. 29.  NEW SECTION.  232D.505  Expenses.
   311.  Except as otherwise provided by law, the court shall
32inquire into the ability of the minor or the minor’s parent to
33pay expenses incurred pursuant to the guardianship proceedings
34established under this chapter. After giving the minor and
35the parent a reasonable opportunity to be heard, the court
-17-1may order the minor or the parent to pay all or part of the
2following:
   3a.  Costs of legal expenses of the minor and the parent.
   4b.  Expenses for a court visitor.
   5c.  Filing fees and other court costs, unless the costs are
6waived for good cause shown.
   72.  If the court finds a minor’s parents to be indigent, or
8if the minor has no parent, costs shall be assessed against
9the county in which the proceeding is pending. For purposes
10of assessing costs under this subsection, the court shall find
11a minor’s parents to be indigent if the minor’s or the parent’s
12income and resources do not exceed one hundred fifty percent
13of the federal poverty level, or the minor’s parent would be
14unable to pay such costs without prejudicing the parent’s
15ability to provide economic necessities for the parent or the
16parent’s dependents.
17DIVISION II
18CORRESPONDING CODE CHANGES
19   Sec. 30.  Section 232.101A, Code 2019, is amended to read as
20follows:
   21232.101A  Transfer of guardianship to custodian.
   221.  After a dispositional hearing the court may enter an
23order transferring guardianship of the child to a custodian
24
 close the child in need of assistance case and appoint a
25guardian pursuant to sections 232D.308 and 232D.401
if all of
26the following conditions are met:
   27a.  The person receiving guardianship meets the definition
28of custodian in section 232.2.
   29b.  The person receiving guardianship has assumed
30responsibility for the child prior to filing of the petition
31under this division and has maintained placement of the child
32since the filing of the petition under this division.
   33c.  The parent of the child does not appear at the
34dispositional hearing, or the parent appears at the
35dispositional hearing, does not object to the transfer of
-18-1guardianship, and agrees to waive the requirement for making
2reasonable efforts as defined in section 232.102.
   32.  If the court transfers guardianship appoints a guardian
4 pursuant to subsection 1, the court may close the child in
5need of assistance case by transferring jurisdiction over the
6child’s guardianship to the probate court
. The court shall
7inform the proposed guardian of the guardian’s reporting duties
8under section 633.669 232D.501 and other duties under chapter
9633 232D. Upon transferring jurisdiction, the The court shall
10direct the probate clerk of court, once the proposed guardian
11has filed an oath of office and identification in accordance
12with section 602.6111
, to issue letters of appointment for
13guardianship and docket the case in probate. Records contained
14in the probate case file that were copied or transferred from
15the juvenile court file concerning the case shall be subject to
16section 232.147 and other confidentiality provisions of this
17chapter for cases not involving juvenile delinquency.

18   Sec. 31.  Section 232.104, subsection 8, paragraph b, Code
192019, is amended to read as follows:
   20b.  In lieu of the procedures specified in paragraph “a”,
21the court may close the child in need of assistance case by
22transferring jurisdiction over the child’s guardianship to the
23probate court
 and may appoint a guardian pursuant to chapter
24232D
. The court shall inform the proposed guardian of the
25guardian’s reporting duties under section 633.669 and other
26duties under the probate code. Upon transferring jurisdiction,
27the court shall direct the probate clerk, once the proposed
28guardian has filed an oath of office and identification
29in accordance with section 602.6111, to issue letters of
30appointment for guardianship and docket the case in probate.
31Records contained in the probate case file that were copied or
32transferred from the juvenile court file concerning the case
33shall be subject to section 232.147 and other confidentiality
34provisions of this chapter for cases not involving juvenile
35delinquency.

-19-
1   Sec. 32.  Section 235A.15, subsection 2, paragraph d,
2subparagraphs (1) and (2), Code 2019, are amended to read as
3follows:
   4(1)  To a juvenile court involved in an adjudication or
5disposition of a child named in a report or a child that is the
6subject of a guardianship proceeding under chapter 232D
.
   7(2)  To a district court upon a finding that data is
8necessary for the resolution of an issue arising in any phase
9of a case involving child abuse or guardianship proceedings for
10a child under chapter 232D
.
11   Sec. 33.  Section 235B.6, subsection 2, paragraph d, Code
122019, is amended by adding the following new subparagraphs:
13   NEW SUBPARAGRAPH.  (5)  To a juvenile court involved in an
14adjudication or disposition of a child that is the subject of a
15guardianship proceeding under chapter 232D.
16   NEW SUBPARAGRAPH.  (6)  To a district court upon a finding
17that data is necessary for the resolution of an issue arising
18in any phase of a case involving proceedings for a child
19guardianship under chapter 232D.
20   Sec. 34.  Section 602.7101, subsection 1, Code 2019, is
21amended to read as follows:
   221.  A juvenile court is established in each county. The
23juvenile court is within the district court and has the
24jurisdiction provided in chapter chapters 232 and 232D.
25   Sec. 35.  Section 602.8102, subsection 42, Code 2019, is
26amended to read as follows:
   2742.  Serve as clerk of the juvenile court and carry out
28duties as provided in chapter chapters 232 and 232D and article
297 of this chapter.
30   Sec. 36.  Section 633.10, subsection 3, Code 2019, is amended
31to read as follows:
   323.  Conservatorships and guardianships.
   33a.  The Except as provided for in paragraph “b”, the
34 appointment of conservators and guardians; the granting
35of letters of conservatorship and guardianship; the
-20-1administration, settlement and closing of conservatorships and
2guardianships.
   3b.  Beginning the effective date of this Act, minor
4guardianships are under the exclusive jurisdiction of the
5juvenile court pursuant to, and except as limited by, chapter
6232D.
7   Sec. 37.  Section 633.552, subsection 2, Code 2019, is
8amended to read as follows:
   92.  That the proposed ward is in either of the following
10categories:

   11a.  Is a person whose decision-making capacity is so
12impaired that the person is unable to care for the person’s
13personal safety or to attend to or provide for necessities for
14the person such as food, shelter, clothing, or medical care,
15without which physical injury or illness might occur.
   16b.  Is a minor.
17   Sec. 38.  Section 633.554, subsection 2, Code 2019, is
18amended to read as follows:
   192.  a.  If the proposed ward is a minor or if the
20proposed ward is an adult under a standby petition and the
21court determines, pursuant to section 633.561, subsection
221, paragraph “b”, that the proposed ward is entitled to
23representation, notice in the manner of original notice, or
24another form of notice ordered by the court, given to the
25attorney appointed to represent the ward is notice to the
26proposed ward.
   27b.  Notice shall also be served upon:
   28(1)  The parents of the proposed ward, if the proposed ward
29is a minor.
   30(2)  The the spouse of the proposed ward, if the proposed
31ward is an adult. If the proposed ward has no spouse, notice
32shall be served upon the proposed ward’s adult children, if
33any.
34   Sec. 39.  Section 633.557, subsection 1, Code 2019, is
35amended to read as follows:
-21-   11.  A guardian may also be appointed by the court upon the
2verified petition of the proposed ward, without further notice,
3if the proposed ward is other than a minor under the age of
4fourteen years,
provided the court determines that such an
5appointment will inure to the best interest of the applicant.
6However, if an involuntary petition is pending, the court shall
7be governed by section 633.634. The petition shall provide
8the proposed ward notice of a guardian’s powers as provided in
9section 633.562.
10   Sec. 40.  Section 633.561, subsection 1, paragraph b, Code
112019, is amended to read as follows:
   12b.  If the proposed ward is either a minor or an adult under
13a standby petition, the court shall determine whether, under
14the circumstances of the case, the proposed ward is entitled
15to representation. The determination regarding representation
16may be made with or without notice to the proposed ward, as
17the court deems necessary. If the court determines that the
18proposed ward is entitled to representation, the court shall
19appoint an attorney to represent the proposed ward. After
20making the determination regarding representation, the court
21shall set a hearing on the petition, and provide for notice on
22the determination regarding representation and the date for
23hearing.
24   Sec. 41.  Section 633.635, subsection 5, Code 2019, is
25amended to read as follows:
   265.  From time to time, upon a proper showing, the court may
27modify the respective responsibilities of the guardian and
28the ward, after notice to the ward and an opportunity to be
29heard. Any modification that would be more restrictive or
30burdensome for the ward shall be based on clear and convincing
31evidence that the ward continues to fall within the categories
32of section 633.552, subsection 2, paragraph “a” or “b”, and
33that the facts justify a modification of the guardianship.
34Section 633.551 applies to the modification proceedings. Any
35modification that would be less restrictive for the ward shall
-22-1be based upon proof in accordance with the requirements of
2section 633.675.
3   Sec. 42.  Section 633.675, subsection 2, Code 2019, is
4amended by striking the subsection.
5   Sec. 43.  Section 633.679, subsection 2, Code 2019, is
6amended by striking the subsection.
7   Sec. 44.  REPEAL.  Section 633.559, Code 2019, is repealed.
8   Sec. 45.  EFFECTIVE DATE.  This Act takes effect January 1,
92020.
10   Sec. 46.  APPLICABILITY.  This Act applies to guardianships
11and guardianship proceedings of minors established or pending
12before, on, or after January 1, 2020.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
   16This bill provides the basis for appointment of a guardian
17for a minor by the juvenile court, the procedures for
18establishment of a minor guardianship, and court monitoring and
19administration of minor guardianships.
   20JUVENILE COURT JURISDICTION OVER MINOR GUARDIANSHIPS. Code
21chapter 633 contains provisions relating to guardianships,
22which apply to adults and minors. The bill repeals and amends
23the provisions that specifically refer to minor guardianships
24and replaces them with new Code chapter 232D, the Iowa minor
25guardianship proceedings Act.
   26The bill provides that the juvenile court shall have
27exclusive jurisdiction over minor guardianship proceedings.
28The effect of this provision is to transfer jurisdiction over
29these proceedings from the probate court to the juvenile court.
   30BASIS FOR APPOINTMENT OF GUARDIAN. The bill authorizes
31minor guardianships under the following circumstances:
32termination of parental rights and child in need of assistance
33cases; cases involving the death of a minor’s parents; cases
34in which there is parental consent to the establishment of a
35guardianship; and cases in which there is not parental consent
-23-1to the establishment of a guardianship.
   2The bill provides that a guardianship may be established
3without parental consent under the following circumstances:
4there is a person serving as a de facto guardian; there has
5been a demonstrated lack of parental participation in the life
6of the minor; and the appointment of a guardian is in the
7best interest of the minor. The bill also provides that a
8guardianship may be established if no parent is willing or able
9to exercise the power the court is requested to grant to the
10proposed guardian, and the appointment of a guardian is in the
11best interest of the minor.
   12ESTABLISHING A GUARDIANSHIP. The bill contains provisions
13relating to the establishment of minor guardianships. These
14provisions specify the requirements regarding the contents of a
15minor guardianship petition, notice, and hearing.
   16The bill provides that the court may appoint an attorney
17for the minor if the court determines that the interests of
18the minor are, or may be, inadequately represented. The bill
19also provides that the court shall appoint an attorney for a
20parent if the parent objects to the appointment of a guardian
21and the court determines that the parent is unable to pay for
22an attorney.
   23The bill provides that the court may appoint a court visitor
24to visit the minor and other parties to the proceeding and
25gather the information needed by the court in determining
26whether to grant the petition.
   27The bill retains the existing standard for appointment of
28a person as a guardian, namely that the person be qualified,
29suitable, and willing to serve in that capacity.
   30Current law does not require background checks of proposed
31guardians. The bill requires that proposed guardians, other
32than financial institutions, undergo Iowa criminal record
33checks and checks of the Iowa child abuse, dependent adult
34abuse, and sex offender registries. The bill provides that the
35judicial branch, in collaboration with other relevant state
-24-1agencies, shall establish procedures for electronic access to
2the single contact repository for the conduct of background
3checks for a minimal fee. The bill gives the judge discretion
4to evaluate the relevance of any negative background check
5information in determining the suitability of a person for
6appointment as a guardian.
   7The bill authorizes the emergency appointment of a temporary
8guardian. The court is authorized to issue an ex parte order
9appointing a temporary guardian on an emergency basis under
10limited circumstances.
   11ORDER APPOINTING GUARDIAN AND GUARDIAN’S POWERS, DUTIES, AND
12RESPONSIBILITIES. The bill contains provisions relating to
13the order appointing the guardian and the guardian’s powers,
14duties, and responsibilities.
   15The bill specifies the powers that the court may grant to
16a guardian. The bill sets forth the specific powers that
17the guardian may exercise without prior court approval and
18those powers that the guardian may exercise only with prior
19court approval. The bill also specifies the duties and
20responsibilities of the guardian.
   21COURT MONITORING AND ADMINISTRATION OF MINOR GUARDIANSHIPS.
22 The bill contains provisions relating to ongoing court
23monitoring of minor guardianship and administration of minor
24guardianships. The court has an ongoing responsibility to
25monitor minor guardianships in order to ensure the well-being
26and protection of minors subject to guardianship and the
27accountability of the persons appointed to serve as guardians.
   28The bill provides that guardians shall file an initial care
29plan for the minor within 60 days of appointment for review
30and approval by the court. The bill retains the existing
31requirement that guardians file thereafter an annual report
32describing the minor’s status and needs and the guardian’s
33activities. The bill authorizes the court to remove a guardian
34and appoint a successor guardian under certain circumstances.
35The bill further authorizes the court to modify a guardianship
-25-1or terminate a guardianship under certain circumstances.
   2EXPENSES. The bill provides that the court shall inquire
3into the ability of the minor or the minor’s parent to pay
4expenses incurred pursuant to the guardianship proceedings.
5After giving the minor and the parent a reasonable opportunity
6to be heard, the court may order the minor or the parent to
7pay all or part of the following: costs of legal expenses
8of the minor and the parent; expenses for a court visitor;
9and filing fees and other court costs, unless the costs are
10waived for good cause shown. The bill provides that if the
11court finds a minor’s parents to be indigent or if the minor
12has no parent, costs shall be assessed against the county in
13which the proceeding is pending. The minor or the minor’s
14parents are indigent if the minor’s or the parent’s income and
15resources do not exceed 150 percent of the federal poverty
16level, or the minor’s parent would be unable to pay such costs
17without prejudicing the parent’s ability to provide economic
18necessities for the parent or the parent’s dependents.
   19EFFECTIVE DATE AND APPLICABILITY. The bill takes effect
20January 1, 2020, and applies to all minor guardianships and
21guardianship proceedings established or pending before, on, or
22after January 1, 2020.
-26-
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