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House File 834 - IntroducedA Bill ForAn Act 1relating to the creation, administration, and
2termination of minor guardianships.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.3, subsection 1, Code 2021, is
2amended to read as follows:
31. During the pendency of an action under this chapter, a
4party to the action is estopped from litigating concurrently
5the custody, guardianship, or placement of a child who is the
6subject of the action, in a court other than the juvenile court
7with jurisdiction of the pending action under this chapter. A
8district judge, district associate judge, juvenile court judge,
9 magistrate, or judicial hospitalization referee, upon notice
10of the pendency of an action under this chapter, shall not
11issue an order, finding, or decision relating to the custody,
12guardianship, or placement of the child who is the subject of
13the action, under any law, including but not limited to chapter
14232D, 598, or 598B, or 633.
15 Sec. 2. Section 232.3, Code 2021, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 3. An action which is pending under chapter
18232D prior to an action being brought under this chapter shall
19be stayed by the court in the chapter 232D action unless the
20court follows the procedures in subsection 2 and authorizes a
21party to the action to litigate a specific issue under this
22chapter.
23 Sec. 3. Section 232D.103, Code 2021, is amended to read as
24follows:
25232D.103 Jurisdiction.
26The juvenile court has exclusive jurisdiction in a
27guardianship proceeding concerning a minor who is alleged to be
28in need of a guardianship and guardianships of minors.
29 Sec. 4. NEW SECTION. 232D.107 Confidentiality.
30Official juvenile court records in guardianship proceedings
31shall be confidential and are not public records. Confidential
32records may be inspected and their contents shall be disclosed
33to the following without court order, provided that a person
34who inspects or receives a confidential record under this
35section shall not disclose the confidential record or its
-1-1contents unless required by law:
21. The judge and professional court staff.
32. The minor and the minor’s counsel.
43. The minor’s parent, guardian or custodian, court
5visitor, and any counsel representing such person.
6 Sec. 5. Section 232D.301, subsection 2, paragraph d,
7subparagraph (3), Code 2021, is amended to read as follows:
8(3) Any adult who has had the primary care of the minor or
9with whom the minor has lived for at least any time during the
10 six months prior to immediately preceding the filing of the
11petition.
12 Sec. 6. Section 232D.301, subsection 4, Code 2021, is
13amended to read as follows:
144. The petition shall state whether a limited guardianship
15is appropriate and whether a conservatorship for the minor is
16already in existence.
17 Sec. 7. Section 232D.302, subsection 2, Code 2021, is
18amended to read as follows:
192. Notice shall be served upon the minor’s known parents
20listed in the petition in accordance with the rules of civil
21procedure. If the parent has not filed a consent to the
22appointment of a guardian, the notice shall inform any parent
23named in the petition that the parent may be entitled to
24representation under the conditions described in section
25232D.304.
26 Sec. 8. Section 232D.305, subsection 1, Code 2021, is
27amended to read as follows:
281. The court may appoint a court visitor for the minor. If
29the court appoints a court visitor, the court shall not appoint
30a guardian ad litem under the rules of civil procedure. A
31person is qualified to serve as a court visitor if the court
32determines the person has demonstrated sufficient knowledge of
33guardianships to adequately perform the duties in subsection 3.
34 Sec. 9. Section 232D.305, subsection 3, paragraph b, Code
352021, is amended to read as follows:
-2- 1b. Explaining Providing to the minor, if the minor’s age
2is appropriate, the substance of the petition, the purpose and
3effect of the guardianship proceeding, information regarding
4 the rights of the minor at the hearing, and the general powers
5and duties of a guardian.
6 Sec. 10. Section 232D.305, Code 2021, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 6. The court may order a court visitor to
9continue to serve if the court determines continued service
10would be in the best interest of the minor. If the court
11continues the service of the court visitor, the court may limit
12the direct duties of the court visitor as the court deems
13necessary, in which case the court visitor shall thereafter
14continue to serve until discharged by the court. In the
15event the court does not order the court visitor to continue,
16the order appointing the guardian shall discharge the court
17visitor.
18 Sec. 11. Section 232D.306, Code 2021, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 4. A hearing on the petition may be
21recorded if a court reporter is not used.
22 Sec. 12. Section 232D.307, subsections 1 and 2, Code 2021,
23are amended to read as follows:
241. The court shall request criminal record checks and checks
25of the child abuse, dependent adult abuse, and sex offender
26registries in this state for all proposed guardians other than
27financial institutions with Iowa trust powers unless a proposed
28guardian has undergone the required background checks in this
29section within the twelve six months prior to the filing of
30a petition and the background check has been provided to the
31court.
322. The court shall review the results of background checks
33in determining the suitability of a proposed guardian for
34appointment, and may, for good cause shown, share the results
35of background checks with the proposed guardian’s attorney, the
-3-1minor’s attorney, and the proposed guardian.
2 Sec. 13. Section 232D.401, subsections 1 and 3, Code 2021,
3are amended to read as follows:
41. The order by the court appointing a guardian for a minor
5shall state the basis for the order and the date on which the
6first reporting period for the guardianship will end.
73. An order by the court appointing a guardian for a minor
8shall state the powers granted to the guardian. Except as
9otherwise limited by court order, the The court may grant the
10guardian the following powers, which may be exercised without
11prior further court approval:
12a. Taking custody of the minor and establishing the minor’s
13permanent residence if otherwise consistent with the terms of
14any order of competent jurisdiction relating to the custody,
15placement, detention, or commitment of the minor within the
16state.
17b. Consenting to medical, dental, and other health care
18treatment and services for the minor.
19c. Providing or arranging for the provision of education
20for the minor including but not limited to preschool education,
21primary education and secondary education, special education
22and related services, and vocational services.
23d. Consenting to professional services for the minor to
24ensure the safety and welfare of the minor.
25e. Applying for and receiving funds and benefits payable
26for the support of the minor if the minor does not have a
27conservator. If the minor has a conservator, the guardian
28shall notify the conservator prior to applying for funds or
29benefits for the support of the minor.
30f. Any other powers the court may specify.
31 Sec. 14. Section 232D.501, subsection 1, paragraph a, Code
322021, is amended by adding the following new subparagraph:
33 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
34applying for and receiving funds and benefits payable for the
35support of the minor.
-4-1 Sec. 15. Section 232D.501, subsection 1, paragraph b, Code
22021, is amended by adding the following new subparagraphs:
3 NEW SUBPARAGRAPH. (11) The results of the guardian’s
4efforts to apply for funds or benefits for the minor and
5an accounting for the use of such funds or benefits by the
6guardian.
7 NEW SUBPARAGRAPH. (12) Any other information the guardian
8deems necessary for the court to consider.
9 Sec. 16. Section 232D.501, subsections 2 and 4, Code 2021,
10are amended to read as follows:
112. The judicial branch shall prescribe create the forms for
12use which may be used by the guardian in filing the reports
13required by this section.
144. Reports All of the reports of the guardian shall be
15reviewed and approved by the court.
16 Sec. 17. Section 232D.501, Code 2021, is amended by adding
17the following new subsections:
18 NEW SUBSECTION. 5. A copy of the verified initial care
19plan, if amended, and the verified annual report shall be
20served, annually, on the protected person, the protected
21person’s attorney, if any, and court visitor, if any.
22 NEW SUBSECTION. 6. The court, for good cause, may extend
23the deadline for filing required reports. Required reports of
24a guardian which are not timely filed and which are delinquent,
25and for which no extension for filing has been granted by the
26court, shall be administered in the same manner as provided in
27section 633.65.
28 Sec. 18. Section 232D.503, Code 2021, is amended by adding
29the following new subsection:
30 NEW SUBSECTION. 6. If the court orders termination of a
31guardianship established under this chapter and the guardian
32has custody of the minor’s assets, the court shall order
33delivery of the minor’s assets to the minor or a fiduciary
34acting under one or more of the following accounts:
35a. A conservatorship established for the minor pursuant to
-5-1chapter 633 or other state law.
2b. A uniform transfers to minors Act account established for
3the minor pursuant to chapter 565B or other state law.
4c. A college savings Iowa plan account established for the
5minor pursuant to Internal Revenue Code section 529 or chapter
612D.
7d. An ABLE account established for the minor with
8disabilities pursuant to Internal Revenue Code section 529A or
9chapter 12I.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to the creation, administration, and
14termination of minor guardianships.
15The bill provides that an action which is pending under
16Code chapter 232D (minor guardianships) prior to an action
17being brought under Code chapter 232 (juvenile justice) must be
18stayed by the court in the Code chapter 232D action unless the
19court authorizes a party to the action to litigate a specific
20issue under Code chapter 232.
21Under current law, the juvenile court has exclusive
22jurisdiction of guardianship proceedings. The bill provides
23that the juvenile court also has exclusive jurisdiction over
24guardianships of minors.
25The bill creates a new Code section that makes official
26juvenile court records in guardianships confidential and not
27public records. The following people are authorized to request
28the records without court order: the judge and professional
29court staff, the minor and the minor’s counsel, the minor’s
30parent, guardian, or custodian, court visitor, and any counsel
31representing such person, so long as they do not disclose the
32confidential record or contents unless required by law.
33Under current law, the petition for minor and adult
34guardianships includes the name and address of any adult
35who has had the primary care of the minor or with whom the
-6-1protected person has lived for at least six months prior to the
2filing of the petition. The bill requires the name and address
3of any adult who has had the primary care of the protected
4person or with whom the protected person had lived with at any
5time during the six months prior to the filing of the petition.
6The bill provides that in addition to stating in the
7guardianship for the minor petition why a limited guardianship
8is appropriate, the petition must also state whether a
9conservatorship for the minor is already in place.
10The bill provides that notice of a filed petition for
11guardianship shall inform parents, who have not filed a
12consent to the appointment of a guardian with the court that
13the parents may be entitled to an attorney under current Code
14section 232D.304.
15The bill provides the qualifications and term of service
16of a court visitor for the minor and that the court shall not
17appoint a guardian ad litem if a court visitor is appointed.
18The bill provides that a hearing on petition for
19guardianship may be recorded if a court reporter is not used.
20The bill provides that results of background checks of
21the proposed guardian in the 6 months prior to filing of the
22petition may be used; current law permits the use of background
23checks within the prior 12 months. Results of the background
24checks may be shared with good cause to the proposed guardian.
25The bill provides that the order appointing a guardian for a
26minor shall state the date that the first reporting period for
27the guardianship will end.
28The bill provides that the initial care plan shall include
29the guardian’s plan for funds and benefits payable for the
30support of the minor and the verified annual report shall
31include the results of the guardian’s efforts to receive
32funds or benefits and the account for the use of the funds or
33benefits.
34The bill provides that upon termination of guardianship
35in which the guardian has custody of the minor’s assets, the
-7-1assets must be returned to the minor or a fiduciary for the
2minor for any of the following accounts: a conservatorship
3established for the minor under Code chapter 633, a uniform
4transfer to minors Act account, an educational savings plan
5trust account, or an ABLE savings plan trust account.
-8-cm/jh
2termination of minor guardianships.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.3, subsection 1, Code 2021, is
2amended to read as follows:
31. During the pendency of an action under this chapter, a
4party to the action is estopped from litigating concurrently
5the custody, guardianship, or placement of a child who is the
6subject of the action, in a court other than the juvenile court
7with jurisdiction of the pending action under this chapter. A
8district judge, district associate judge, juvenile court judge,
9 magistrate, or judicial hospitalization referee, upon notice
10of the pendency of an action under this chapter, shall not
11issue an order, finding, or decision relating to the custody,
12guardianship, or placement of the child who is the subject of
13the action, under any law, including but not limited to chapter
14232D, 598, or 598B, or 633.
15 Sec. 2. Section 232.3, Code 2021, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 3. An action which is pending under chapter
18232D prior to an action being brought under this chapter shall
19be stayed by the court in the chapter 232D action unless the
20court follows the procedures in subsection 2 and authorizes a
21party to the action to litigate a specific issue under this
22chapter.
23 Sec. 3. Section 232D.103, Code 2021, is amended to read as
24follows:
25232D.103 Jurisdiction.
26The juvenile court has exclusive jurisdiction in a
27guardianship proceeding concerning a minor who is alleged to be
28in need of a guardianship and guardianships of minors.
29 Sec. 4. NEW SECTION. 232D.107 Confidentiality.
30Official juvenile court records in guardianship proceedings
31shall be confidential and are not public records. Confidential
32records may be inspected and their contents shall be disclosed
33to the following without court order, provided that a person
34who inspects or receives a confidential record under this
35section shall not disclose the confidential record or its
-1-1contents unless required by law:
21. The judge and professional court staff.
32. The minor and the minor’s counsel.
43. The minor’s parent, guardian or custodian, court
5visitor, and any counsel representing such person.
6 Sec. 5. Section 232D.301, subsection 2, paragraph d,
7subparagraph (3), Code 2021, is amended to read as follows:
8(3) Any adult who has had the primary care of the minor or
9with whom the minor has lived for at least any time during the
10 six months prior to immediately preceding the filing of the
11petition.
12 Sec. 6. Section 232D.301, subsection 4, Code 2021, is
13amended to read as follows:
144. The petition shall state whether a limited guardianship
15is appropriate and whether a conservatorship for the minor is
16already in existence.
17 Sec. 7. Section 232D.302, subsection 2, Code 2021, is
18amended to read as follows:
192. Notice shall be served upon the minor’s known parents
20listed in the petition in accordance with the rules of civil
21procedure. If the parent has not filed a consent to the
22appointment of a guardian, the notice shall inform any parent
23named in the petition that the parent may be entitled to
24representation under the conditions described in section
25232D.304.
26 Sec. 8. Section 232D.305, subsection 1, Code 2021, is
27amended to read as follows:
281. The court may appoint a court visitor for the minor. If
29the court appoints a court visitor, the court shall not appoint
30a guardian ad litem under the rules of civil procedure. A
31person is qualified to serve as a court visitor if the court
32determines the person has demonstrated sufficient knowledge of
33guardianships to adequately perform the duties in subsection 3.
34 Sec. 9. Section 232D.305, subsection 3, paragraph b, Code
352021, is amended to read as follows:
-2- 1b. Explaining Providing to the minor, if the minor’s age
2is appropriate, the substance of the petition, the purpose and
3effect of the guardianship proceeding, information regarding
4 the rights of the minor at the hearing, and the general powers
5and duties of a guardian.
6 Sec. 10. Section 232D.305, Code 2021, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 6. The court may order a court visitor to
9continue to serve if the court determines continued service
10would be in the best interest of the minor. If the court
11continues the service of the court visitor, the court may limit
12the direct duties of the court visitor as the court deems
13necessary, in which case the court visitor shall thereafter
14continue to serve until discharged by the court. In the
15event the court does not order the court visitor to continue,
16the order appointing the guardian shall discharge the court
17visitor.
18 Sec. 11. Section 232D.306, Code 2021, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 4. A hearing on the petition may be
21recorded if a court reporter is not used.
22 Sec. 12. Section 232D.307, subsections 1 and 2, Code 2021,
23are amended to read as follows:
241. The court shall request criminal record checks and checks
25of the child abuse, dependent adult abuse, and sex offender
26registries in this state for all proposed guardians other than
27financial institutions with Iowa trust powers unless a proposed
28guardian has undergone the required background checks in this
29section within the twelve six months prior to the filing of
30a petition and the background check has been provided to the
31court.
322. The court shall review the results of background checks
33in determining the suitability of a proposed guardian for
34appointment, and may, for good cause shown, share the results
35of background checks with the proposed guardian’s attorney, the
-3-1minor’s attorney, and the proposed guardian.
2 Sec. 13. Section 232D.401, subsections 1 and 3, Code 2021,
3are amended to read as follows:
41. The order by the court appointing a guardian for a minor
5shall state the basis for the order and the date on which the
6first reporting period for the guardianship will end.
73. An order by the court appointing a guardian for a minor
8shall state the powers granted to the guardian. Except as
9otherwise limited by court order, the The court may grant the
10guardian the following powers, which may be exercised without
11prior further court approval:
12a. Taking custody of the minor and establishing the minor’s
13permanent residence if otherwise consistent with the terms of
14any order of competent jurisdiction relating to the custody,
15placement, detention, or commitment of the minor within the
16state.
17b. Consenting to medical, dental, and other health care
18treatment and services for the minor.
19c. Providing or arranging for the provision of education
20for the minor including but not limited to preschool education,
21primary education and secondary education, special education
22and related services, and vocational services.
23d. Consenting to professional services for the minor to
24ensure the safety and welfare of the minor.
25e. Applying for and receiving funds and benefits payable
26for the support of the minor if the minor does not have a
27conservator. If the minor has a conservator, the guardian
28shall notify the conservator prior to applying for funds or
29benefits for the support of the minor.
30f. Any other powers the court may specify.
31 Sec. 14. Section 232D.501, subsection 1, paragraph a, Code
322021, is amended by adding the following new subparagraph:
33 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
34applying for and receiving funds and benefits payable for the
35support of the minor.
-4-1 Sec. 15. Section 232D.501, subsection 1, paragraph b, Code
22021, is amended by adding the following new subparagraphs:
3 NEW SUBPARAGRAPH. (11) The results of the guardian’s
4efforts to apply for funds or benefits for the minor and
5an accounting for the use of such funds or benefits by the
6guardian.
7 NEW SUBPARAGRAPH. (12) Any other information the guardian
8deems necessary for the court to consider.
9 Sec. 16. Section 232D.501, subsections 2 and 4, Code 2021,
10are amended to read as follows:
112. The judicial branch shall prescribe create the forms for
12use which may be used by the guardian in filing the reports
13required by this section.
144. Reports All of the reports of the guardian shall be
15reviewed and approved by the court.
16 Sec. 17. Section 232D.501, Code 2021, is amended by adding
17the following new subsections:
18 NEW SUBSECTION. 5. A copy of the verified initial care
19plan, if amended, and the verified annual report shall be
20served, annually, on the protected person, the protected
21person’s attorney, if any, and court visitor, if any.
22 NEW SUBSECTION. 6. The court, for good cause, may extend
23the deadline for filing required reports. Required reports of
24a guardian which are not timely filed and which are delinquent,
25and for which no extension for filing has been granted by the
26court, shall be administered in the same manner as provided in
27section 633.65.
28 Sec. 18. Section 232D.503, Code 2021, is amended by adding
29the following new subsection:
30 NEW SUBSECTION. 6. If the court orders termination of a
31guardianship established under this chapter and the guardian
32has custody of the minor’s assets, the court shall order
33delivery of the minor’s assets to the minor or a fiduciary
34acting under one or more of the following accounts:
35a. A conservatorship established for the minor pursuant to
-5-1chapter 633 or other state law.
2b. A uniform transfers to minors Act account established for
3the minor pursuant to chapter 565B or other state law.
4c. A college savings Iowa plan account established for the
5minor pursuant to Internal Revenue Code section 529 or chapter
612D.
7d. An ABLE account established for the minor with
8disabilities pursuant to Internal Revenue Code section 529A or
9chapter 12I.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to the creation, administration, and
14termination of minor guardianships.
15The bill provides that an action which is pending under
16Code chapter 232D (minor guardianships) prior to an action
17being brought under Code chapter 232 (juvenile justice) must be
18stayed by the court in the Code chapter 232D action unless the
19court authorizes a party to the action to litigate a specific
20issue under Code chapter 232.
21Under current law, the juvenile court has exclusive
22jurisdiction of guardianship proceedings. The bill provides
23that the juvenile court also has exclusive jurisdiction over
24guardianships of minors.
25The bill creates a new Code section that makes official
26juvenile court records in guardianships confidential and not
27public records. The following people are authorized to request
28the records without court order: the judge and professional
29court staff, the minor and the minor’s counsel, the minor’s
30parent, guardian, or custodian, court visitor, and any counsel
31representing such person, so long as they do not disclose the
32confidential record or contents unless required by law.
33Under current law, the petition for minor and adult
34guardianships includes the name and address of any adult
35who has had the primary care of the minor or with whom the
-6-1protected person has lived for at least six months prior to the
2filing of the petition. The bill requires the name and address
3of any adult who has had the primary care of the protected
4person or with whom the protected person had lived with at any
5time during the six months prior to the filing of the petition.
6The bill provides that in addition to stating in the
7guardianship for the minor petition why a limited guardianship
8is appropriate, the petition must also state whether a
9conservatorship for the minor is already in place.
10The bill provides that notice of a filed petition for
11guardianship shall inform parents, who have not filed a
12consent to the appointment of a guardian with the court that
13the parents may be entitled to an attorney under current Code
14section 232D.304.
15The bill provides the qualifications and term of service
16of a court visitor for the minor and that the court shall not
17appoint a guardian ad litem if a court visitor is appointed.
18The bill provides that a hearing on petition for
19guardianship may be recorded if a court reporter is not used.
20The bill provides that results of background checks of
21the proposed guardian in the 6 months prior to filing of the
22petition may be used; current law permits the use of background
23checks within the prior 12 months. Results of the background
24checks may be shared with good cause to the proposed guardian.
25The bill provides that the order appointing a guardian for a
26minor shall state the date that the first reporting period for
27the guardianship will end.
28The bill provides that the initial care plan shall include
29the guardian’s plan for funds and benefits payable for the
30support of the minor and the verified annual report shall
31include the results of the guardian’s efforts to receive
32funds or benefits and the account for the use of the funds or
33benefits.
34The bill provides that upon termination of guardianship
35in which the guardian has custody of the minor’s assets, the
-7-1assets must be returned to the minor or a fiduciary for the
2minor for any of the following accounts: a conservatorship
3established for the minor under Code chapter 633, a uniform
4transfer to minors Act account, an educational savings plan
5trust account, or an ABLE savings plan trust account.
-8-cm/jh