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Senate Study Bill 3074 - IntroducedA Bill ForAn Act 1relating to the guardianship of minors.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232D.103, Code 2020, is amended to read
2as follows:
3232D.103 Jurisdiction.
4The juvenile court has exclusive jurisdiction in a
5guardianship proceeding concerning a minor who is alleged to be
6in need of a guardianship, and guardianships of minors.
7 Sec. 2. Section 232D.105, subsection 1, Code 2020, is
8amended to read as follows:
91. A petition alleging that a minor is in need of a
10conservatorship is not subject to this chapter. Such
11proceedings shall be governed by chapter 633 and may be
12initiated pursuant to section 633.627 633.557.
13 Sec. 3. Section 232D.301, subsection 2, paragraph d,
14subparagraph (3), Code 2020, is amended to read as follows:
15(3) Any adult who has had the primary care of the minor or
16with whom the minor has lived for at least six months prior to
17 immediately preceding the filing of the petition.
18 Sec. 4. Section 232D.302, subsection 2, Code 2020, is
19amended to read as follows:
202. Notice shall be served upon the minor’s known parents
21listed in the petition in accordance with the rules of civil
22procedure. If a parent has not filed an affidavit consenting
23to the appointment of a guardian, the notice shall inform
24the minor’s known parents listed in the petition that the
25parents are entitled to representation if the parents meet the
26conditions of section 232D.304.
27 Sec. 5. Section 232D.401, subsection 3, unnumbered
28paragraph 1, Code 2020, is amended to read as follows:
29An order by the court appointing a guardian for a minor shall
30state the powers granted to the guardian. Except as otherwise
31limited by court order, the court may grant the guardian the
32following powers, which may be exercised without prior court
33approval:
34 Sec. 6. Section 232D.501, subsection 1, paragraph a, Code
352020, is amended by adding the following new subparagraph:
-1-1 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
2applying for and receiving funds and benefits payable for the
3support of the minor.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the guardianship of minors.
8Under current law, the juvenile court has exclusive
9jurisdiction of guardianship proceedings. The bill provides
10that the juvenile court also has exclusive jurisdiction over
11guardianships of minors.
12The bill changes a Code reference for a petition to appoint a
13conservator for a minor.
14The bill provides that notice of a guardianship proceeding
15must be given to any adult with whom the minor has lived for the
16six months immediately preceding the filing of the petition.
17The bill further provides that if a minor’s known parents
18have not consented to the appointment of a guardian, the notice
19of the filing of a guardianship petition shall inform the known
20parents that they are entitled to representation if they meet
21the conditions in Code section 232D.304.
22The bill strikes a reference to “without prior court
23approval” in a Code section listing powers a court may grant
24to a guardian.
25The bill also directs that the initial verified care plan
26must include the guardian’s plan for applying and receiving
27funds and benefits for the support of the minor.
-2-as/jh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232D.103, Code 2020, is amended to read
2as follows:
3232D.103 Jurisdiction.
4The juvenile court has exclusive jurisdiction in a
5guardianship proceeding concerning a minor who is alleged to be
6in need of a guardianship, and guardianships of minors.
7 Sec. 2. Section 232D.105, subsection 1, Code 2020, is
8amended to read as follows:
91. A petition alleging that a minor is in need of a
10conservatorship is not subject to this chapter. Such
11proceedings shall be governed by chapter 633 and may be
12initiated pursuant to section 633.627 633.557.
13 Sec. 3. Section 232D.301, subsection 2, paragraph d,
14subparagraph (3), Code 2020, is amended to read as follows:
15(3) Any adult who has had the primary care of the minor or
16with whom the minor has lived for at least six months prior to
17 immediately preceding the filing of the petition.
18 Sec. 4. Section 232D.302, subsection 2, Code 2020, is
19amended to read as follows:
202. Notice shall be served upon the minor’s known parents
21listed in the petition in accordance with the rules of civil
22procedure. If a parent has not filed an affidavit consenting
23to the appointment of a guardian, the notice shall inform
24the minor’s known parents listed in the petition that the
25parents are entitled to representation if the parents meet the
26conditions of section 232D.304.
27 Sec. 5. Section 232D.401, subsection 3, unnumbered
28paragraph 1, Code 2020, is amended to read as follows:
29An order by the court appointing a guardian for a minor shall
30state the powers granted to the guardian. Except as otherwise
31limited by court order, the court may grant the guardian the
32following powers, which may be exercised without prior court
33approval:
34 Sec. 6. Section 232D.501, subsection 1, paragraph a, Code
352020, is amended by adding the following new subparagraph:
-1-1 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
2applying for and receiving funds and benefits payable for the
3support of the minor.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the guardianship of minors.
8Under current law, the juvenile court has exclusive
9jurisdiction of guardianship proceedings. The bill provides
10that the juvenile court also has exclusive jurisdiction over
11guardianships of minors.
12The bill changes a Code reference for a petition to appoint a
13conservator for a minor.
14The bill provides that notice of a guardianship proceeding
15must be given to any adult with whom the minor has lived for the
16six months immediately preceding the filing of the petition.
17The bill further provides that if a minor’s known parents
18have not consented to the appointment of a guardian, the notice
19of the filing of a guardianship petition shall inform the known
20parents that they are entitled to representation if they meet
21the conditions in Code section 232D.304.
22The bill strikes a reference to “without prior court
23approval” in a Code section listing powers a court may grant
24to a guardian.
25The bill also directs that the initial verified care plan
26must include the guardian’s plan for applying and receiving
27funds and benefits for the support of the minor.
-2-as/jh