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House File 2453 - IntroducedA Bill ForAn Act 1relating to guardianships and conservatorships of
2minors.
3BE 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. NEW SECTION. 232D.107 Confidentiality.
14Official juvenile court records in guardianship proceedings
15shall be confidential and are not public records. Confidential
16records may be inspected and their contents shall be disclosed
17to the following without court order, provided that a person
18or entity who inspects or receives a confidential record under
19this section shall not disclose the confidential record or its
20contents unless required by law:
211. The judge and professional court staff.
222. The minor and the minor’s counsel.
233. The minor’s parent, guardian or custodian, court
24visitor, and any counsel representing such person.
25 Sec. 4. Section 232D.301, subsection 2, paragraph d,
26subparagraph (3), Code 2020, is amended to read as follows:
27(3) Any adult who has had the primary care of the minor or
28with whom the minor has lived for at least any time during the
29 six months prior to immediately preceding the filing of the
30petition.
31 Sec. 5. Section 232D.301, subsection 4, Code 2020, is
32amended to read as follows:
334. The petition shall state whether a limited guardianship
34is appropriate, and whether a conservatorship for the minor is
35needed or already in existence.
-1-1 Sec. 6. Section 232D.302, subsection 2, Code 2020, is
2amended to read as follows:
32. Notice shall be served upon the minor’s known parents
4listed in the petition in accordance with the rules of civil
5procedure. If the parent has not filed a consent to the
6appointment of a guardian, the notice shall inform any parent
7named in the petition that the parent may be entitled to
8representation under the conditions described in section
9232D.304.
10 Sec. 7. Section 232D.305, subsection 1, Code 2020, is
11amended to read as follows:
121. The court may appoint a court visitor for the minor. A
13person is qualified to serve as a court visitor if the court
14determines the person has demonstrated sufficient knowledge of
15guardianships to adequately perform the duties in subsection 3.
16 Sec. 8. Section 232D.306, Code 2020, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 4. A hearing on the petition may be
19recorded if a court reporter is not used.
20 Sec. 9. Section 232D.307, subsection 2, Code 2020, is
21amended to read as follows:
222. The court shall review the results of background
23checks in determining the suitability of a proposed guardian
24for appointment, and may, for good cause, share with the
25respondent, the respondent’s attorney, and the protected
26person’s attorney, the results of background checks.
27 Sec. 10. Section 232D.401, subsection 1, Code 2020, is
28amended to read as follows:
291. The order by the court appointing a guardian for a minor
30shall state the basis for the order and the date on which the
31first reporting period for the guardianship will end.
32 Sec. 11. Section 232D.401, subsection 3, unnumbered
33paragraph 1, Code 2020, is amended to read as follows:
34An order by the court appointing a guardian for a minor shall
35state the powers granted to the guardian. Except as otherwise
-2-1limited by court order, the court may grant the guardian the
2following powers, which may be exercised without prior further
3 court approval:
4 Sec. 12. Section 232D.401, subsection 3, paragraph e, Code
52020, is amended to read as follows:
6e. Applying for and receiving funds and benefits payable
7for the support of the minor if the minor does not have a
8conservator. If the minor has a conservator, the guardian
9shall notify the conservator at least ten days before applying
10for funds or benefits for the support of the minor.
11 Sec. 13. Section 232D.501, subsection 1, paragraph a, Code
122020, is amended by adding the following new subparagraph:
13 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
14applying for and receiving funds and benefits payable for the
15support of the minor.
16 Sec. 14. Section 232D.501, subsection 1, paragraph b, Code
172020, is amended by adding the following new subparagraph:
18 NEW SUBPARAGRAPH. (11) The results of the guardian’s
19efforts to apply for funds or benefits for the minor, and
20an accounting for the use of such funds or benefits by the
21guardian.
22 Sec. 15. Section 232D.501, Code 2020, is amended by adding
23the following new subsections:
24 NEW SUBSECTION. 5. A copy of the verified initial care plan
25and verified annual reports shall be provided by the court to
26the protected person.
27 NEW SUBSECTION. 6. The judicial branch shall develop and
28implement a calendar system to ensure that reports of the
29guardian are timely filed, and to provide notice to the court
30of guardian reports which are not timely filed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to guardianships and conservatorships of
35minors.
-3- 1Under current law, the juvenile court has exclusive
2jurisdiction of guardianship proceedings. The bill provides
3that the juvenile court also has exclusive jurisdiction over
4guardianships of minors.
5The bill changes a Code reference for a petition to appoint a
6conservator for a minor.
7The bill provides that a petition for a minor guardianship
8must state whether a minor needs or currently has a
9conservatorship.
10The bill provides that juvenile court records in
11guardianship proceedings are confidential and are not public
12records. The confidential records may be inspected and
13disclosed without court order to the judge and professional
14court staff; the minor and minor’s counsel; and the minor’s
15parent, guardian or custodian, court visitor, and any counsel
16representing such person.
17The bill describes who is qualified to serve as a court
18visitor for a minor.
19The bill provides that notice of a guardianship proceeding
20must be given to any adult with whom the minor has lived for any
21time during the six months immediately preceding the filing of
22the petition.
23The bill further provides that if a minor’s known parents
24have not consented to the appointment of a guardian, the notice
25of the filing of a guardianship petition shall inform the known
26parents that they are entitled to representation if they meet
27the conditions in Code section 232D.304.
28The bill provides that hearings on petitions for
29guardianship may be recorded, and that for good cause a court
30may share the results of background checks regarding the
31suitability of a proposed guardian.
32The bill also directs that the initial verified care plan
33must include the guardian’s plan for applying and receiving
34funds and benefits for the support of the minor, that a copy of
35the verified initial care plan and verified annual reports be
-4-1provided to the minor, and that the court develop and implement
2a calendar system to ensure reports are timely filed.
-5-as/jh
2minors.
3BE 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. NEW SECTION. 232D.107 Confidentiality.
14Official juvenile court records in guardianship proceedings
15shall be confidential and are not public records. Confidential
16records may be inspected and their contents shall be disclosed
17to the following without court order, provided that a person
18or entity who inspects or receives a confidential record under
19this section shall not disclose the confidential record or its
20contents unless required by law:
211. The judge and professional court staff.
222. The minor and the minor’s counsel.
233. The minor’s parent, guardian or custodian, court
24visitor, and any counsel representing such person.
25 Sec. 4. Section 232D.301, subsection 2, paragraph d,
26subparagraph (3), Code 2020, is amended to read as follows:
27(3) Any adult who has had the primary care of the minor or
28with whom the minor has lived for at least any time during the
29 six months prior to immediately preceding the filing of the
30petition.
31 Sec. 5. Section 232D.301, subsection 4, Code 2020, is
32amended to read as follows:
334. The petition shall state whether a limited guardianship
34is appropriate, and whether a conservatorship for the minor is
35needed or already in existence.
-1-1 Sec. 6. Section 232D.302, subsection 2, Code 2020, is
2amended to read as follows:
32. Notice shall be served upon the minor’s known parents
4listed in the petition in accordance with the rules of civil
5procedure. If the parent has not filed a consent to the
6appointment of a guardian, the notice shall inform any parent
7named in the petition that the parent may be entitled to
8representation under the conditions described in section
9232D.304.
10 Sec. 7. Section 232D.305, subsection 1, Code 2020, is
11amended to read as follows:
121. The court may appoint a court visitor for the minor. A
13person is qualified to serve as a court visitor if the court
14determines the person has demonstrated sufficient knowledge of
15guardianships to adequately perform the duties in subsection 3.
16 Sec. 8. Section 232D.306, Code 2020, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 4. A hearing on the petition may be
19recorded if a court reporter is not used.
20 Sec. 9. Section 232D.307, subsection 2, Code 2020, is
21amended to read as follows:
222. The court shall review the results of background
23checks in determining the suitability of a proposed guardian
24for appointment, and may, for good cause, share with the
25respondent, the respondent’s attorney, and the protected
26person’s attorney, the results of background checks.
27 Sec. 10. Section 232D.401, subsection 1, Code 2020, is
28amended to read as follows:
291. The order by the court appointing a guardian for a minor
30shall state the basis for the order and the date on which the
31first reporting period for the guardianship will end.
32 Sec. 11. Section 232D.401, subsection 3, unnumbered
33paragraph 1, Code 2020, is amended to read as follows:
34An order by the court appointing a guardian for a minor shall
35state the powers granted to the guardian. Except as otherwise
-2-1limited by court order, the court may grant the guardian the
2following powers, which may be exercised without prior further
3 court approval:
4 Sec. 12. Section 232D.401, subsection 3, paragraph e, Code
52020, is amended to read as follows:
6e. Applying for and receiving funds and benefits payable
7for the support of the minor if the minor does not have a
8conservator. If the minor has a conservator, the guardian
9shall notify the conservator at least ten days before applying
10for funds or benefits for the support of the minor.
11 Sec. 13. Section 232D.501, subsection 1, paragraph a, Code
122020, is amended by adding the following new subparagraph:
13 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
14applying for and receiving funds and benefits payable for the
15support of the minor.
16 Sec. 14. Section 232D.501, subsection 1, paragraph b, Code
172020, is amended by adding the following new subparagraph:
18 NEW SUBPARAGRAPH. (11) The results of the guardian’s
19efforts to apply for funds or benefits for the minor, and
20an accounting for the use of such funds or benefits by the
21guardian.
22 Sec. 15. Section 232D.501, Code 2020, is amended by adding
23the following new subsections:
24 NEW SUBSECTION. 5. A copy of the verified initial care plan
25and verified annual reports shall be provided by the court to
26the protected person.
27 NEW SUBSECTION. 6. The judicial branch shall develop and
28implement a calendar system to ensure that reports of the
29guardian are timely filed, and to provide notice to the court
30of guardian reports which are not timely filed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to guardianships and conservatorships of
35minors.
-3- 1Under current law, the juvenile court has exclusive
2jurisdiction of guardianship proceedings. The bill provides
3that the juvenile court also has exclusive jurisdiction over
4guardianships of minors.
5The bill changes a Code reference for a petition to appoint a
6conservator for a minor.
7The bill provides that a petition for a minor guardianship
8must state whether a minor needs or currently has a
9conservatorship.
10The bill provides that juvenile court records in
11guardianship proceedings are confidential and are not public
12records. The confidential records may be inspected and
13disclosed without court order to the judge and professional
14court staff; the minor and minor’s counsel; and the minor’s
15parent, guardian or custodian, court visitor, and any counsel
16representing such person.
17The bill describes who is qualified to serve as a court
18visitor for a minor.
19The bill provides that notice of a guardianship proceeding
20must be given to any adult with whom the minor has lived for any
21time during the six months immediately preceding the filing of
22the petition.
23The bill further provides that if a minor’s known parents
24have not consented to the appointment of a guardian, the notice
25of the filing of a guardianship petition shall inform the known
26parents that they are entitled to representation if they meet
27the conditions in Code section 232D.304.
28The bill provides that hearings on petitions for
29guardianship may be recorded, and that for good cause a court
30may share the results of background checks regarding the
31suitability of a proposed guardian.
32The bill also directs that the initial verified care plan
33must include the guardian’s plan for applying and receiving
34funds and benefits for the support of the minor, that a copy of
35the verified initial care plan and verified annual reports be
-4-1provided to the minor, and that the court develop and implement
2a calendar system to ensure reports are timely filed.
-5-as/jh