Bill Text: IA HSB118 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for juvenile court jurisdiction over minor guardianship proceedings and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-26 - Committee report, recommending passage. H.J. 365. [HSB118 Detail]
Download: Iowa-2019-HSB118-Introduced.html
House
Study
Bill
118
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
providing
for
juvenile
court
jurisdiction
over
minor
1
guardianship
proceedings
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1056YC
(3)
88
hb/jh
H.F.
_____
DIVISION
I
1
IOWA
MINOR
GUARDIANSHIP
PROCEEDINGS
ACT
2
Section
1.
NEW
SECTION
.
232D.101
Title.
3
This
chapter
shall
be
known
as
the
“Iowa
Minor
Guardianship
4
Proceedings
Act”
.
5
Sec.
2.
NEW
SECTION
.
232D.102
Definitions.
6
1.
“Adult”
means
a
person
eighteen
years
of
age
or
older
7
or
a
person
declared
to
be
emancipated
by
a
court
of
competent
8
jurisdiction.
9
2.
“Conservator”
means
a
person
appointed
by
a
court
to
have
10
custody
and
control
of
the
property
of
a
minor.
11
3.
“Court”
means
the
juvenile
court
established
under
12
section
602.7101.
13
4.
“Demonstrated
lack
of
consistent
parental
participation”
14
means
the
refusal
of
a
parent
to
comply
with
duties
and
15
responsibilities
imposed
upon
a
parent
by
the
parent-child
16
relationship,
including
but
not
limited
to
providing
the
minor
17
with
necessary
food,
clothing,
shelter,
health
care,
education,
18
and
other
care
and
supervision
necessary
for
the
minor’s
19
physical,
mental,
and
emotional
health
and
development.
20
5.
“Guardian”
means
a
person
appointed
by
the
court
to
have
21
custody
of
a
minor.
22
6.
“Legal
custodian”
means
a
person
awarded
legal
custody
23
of
a
minor.
24
7.
“Legal
custody”
means
an
award
of
the
rights
of
legal
25
custody
of
a
minor
under
which
a
parent
has
legal
custodial
26
rights
and
responsibilities
toward
the
minor
child
including
27
but
not
limited
to
decision
making
affecting
the
minor’s
legal
28
status,
medical
care,
education,
extracurricular
activities,
29
and
religious
instruction.
30
8.
“Limited
guardianship”
means
a
guardianship
that
grants
31
the
guardian
less
than
all
powers
available
under
this
chapter
32
or
otherwise
restricts
the
powers
of
the
guardian.
33
9.
“Minor”
means
an
unmarried
and
unemancipated
person
under
34
the
age
of
eighteen
years.
35
-1-
LSB
1056YC
(3)
88
hb/jh
1/
26
H.F.
_____
10.
“Parent”
means
a
biological
or
adoptive
mother
or
father
1
of
a
child,
a
person
whose
parental
status
has
been
established
2
by
operation
of
law
due
to
the
person’s
marriage
to
the
mother
3
at
the
time
of
the
conception
or
birth
of
the
child,
by
order
4
of
a
court
of
competent
jurisdiction,
or
by
an
administrative
5
order
when
authorized
by
state
law.
“Parent”
does
not
include
a
6
person
whose
parental
rights
have
been
terminated.
7
Sec.
3.
NEW
SECTION
.
232D.103
Jurisdiction.
8
The
juvenile
court
has
exclusive
jurisdiction
in
a
9
guardianship
proceeding
concerning
a
minor
who
is
alleged
to
10
be
in
need
of
a
guardianship.
11
Sec.
4.
NEW
SECTION
.
232D.104
Venue.
12
1.
Venue
for
guardianship
proceedings
under
this
chapter
13
shall
be
in
the
judicial
district
where
the
minor
is
found
or
14
in
the
judicial
district
of
the
minor’s
residence.
15
2.
The
court
may
transfer
a
guardianship
proceeding
brought
16
under
this
chapter
to
the
juvenile
court
of
any
county
having
17
venue
at
any
stage
in
the
proceedings
as
follows:
18
a.
When
it
appears
that
the
best
interests
of
the
minor
19
or
the
convenience
of
the
proceedings
shall
be
served
by
a
20
transfer,
the
court
may
transfer
the
case
to
the
court
of
the
21
county
of
the
minor’s
residence.
22
b.
With
the
consent
of
the
receiving
court,
the
court
may
23
transfer
the
case
to
the
court
of
the
county
where
the
minor
is
24
found.
25
3.
The
court
shall
transfer
the
case
by
ordering
the
26
transfer
and
a
continuance
and
by
forwarding
to
the
clerk
27
of
the
receiving
court
a
certified
copy
of
all
papers
filed
28
together
with
an
order
of
transfer.
The
judge
of
the
receiving
29
court
may
accept
the
filings
of
the
transferring
court
or
may
30
direct
the
filing
of
a
new
petition
and
hear
the
case
anew.
31
Sec.
5.
NEW
SECTION
.
232D.105
Proceedings
governed
by
other
32
law.
33
1.
A
petition
alleging
that
a
minor
is
in
need
of
a
34
conservatorship
is
not
subject
to
this
chapter.
Such
35
-2-
LSB
1056YC
(3)
88
hb/jh
2/
26
H.F.
_____
proceedings
shall
be
governed
by
chapter
633
and
may
be
1
initiated
pursuant
to
section
633.627.
2
2.
A
petition
for
the
appointment
of
a
guardian
for
a
minor
3
and
a
petition
for
appointment
of
a
conservator
of
a
minor
4
shall
not
be
combined.
5
3.
If
a
minor
guardianship
proceeding
under
this
chapter
6
pertains
to
an
Indian
child
as
defined
in
section
232B.3
and
7
the
proceeding
is
subject
to
the
Iowa
Indian
child
welfare
Act
8
under
chapter
232B,
the
proceeding
and
other
actions
taken
in
9
connection
with
the
proceeding
shall
comply
with
chapter
232B.
10
Sec.
6.
NEW
SECTION
.
232D.106
Applicability
of
rules
of
11
civil
procedure.
12
The
rules
of
civil
procedure
shall
govern
guardianship
13
proceedings
concerning
a
minor
who
is
alleged
to
be
in
need
of
14
a
guardianship
except
as
otherwise
set
forth
in
this
chapter.
15
Sec.
7.
NEW
SECTION
.
232D.201
Termination
of
parental
16
rights
and
child
in
need
of
assistance
cases.
17
1.
The
court
may
appoint
a
guardian
for
a
minor
who
does
not
18
have
a
guardian
if
all
parental
rights
have
been
terminated.
19
2.
The
court
may
appoint
a
guardian
for
a
minor
in
a
child
20
in
need
of
assistance
case
pursuant
to
section
232.101A,
21
232.103A,
or
232.104.
22
Sec.
8.
NEW
SECTION
.
232D.202
Death
of
parents.
23
1.
The
court
may
appoint
a
guardian
for
a
minor
if
both
24
parents
are
deceased.
25
2.
In
appointing
a
guardian
for
a
minor
whose
parents
are
26
deceased,
the
court
shall
give
preference
to
a
person,
if
27
qualified
and
suitable,
nominated
as
guardian
for
a
minor
by
a
28
will
that
was
executed
by
the
parent
or
parents
having
legal
29
custody
of
the
minor
at
the
time
of
the
parent’s
or
parents’
30
death,
and
that
was
admitted
to
probate
under
chapter
633.
31
Sec.
9.
NEW
SECTION
.
232D.203
Guardianship
with
parental
32
consent.
33
1.
The
court
may
appoint
a
guardian
for
a
minor
if
the
court
34
finds
all
of
the
following:
35
-3-
LSB
1056YC
(3)
88
hb/jh
3/
26
H.F.
_____
a.
The
parent
or
parents
having
legal
custody
of
the
minor
1
understand
the
nature
of
the
guardianship
and
knowingly
and
2
voluntarily
consent
to
the
guardianship.
3
b.
The
minor
is
in
need
of
a
guardianship
because
of
any
one
4
of
the
following:
5
(1)
The
parent
having
legal
custody
of
the
minor
has
a
6
physical
or
mental
illness
that
prevents
the
parent
from
7
providing
care
and
supervision
of
the
child.
8
(2)
The
parent
having
legal
custody
of
the
minor
is
9
incarcerated
or
imprisoned.
10
(3)
The
parent
having
legal
custody
of
the
minor
is
on
11
active
military
duty.
12
(4)
The
minor
is
in
need
of
a
guardianship
for
some
other
13
reason
constituting
good
cause
shown.
14
c.
Appointment
of
a
guardian
for
the
minor
is
in
the
best
15
interest
of
the
minor.
16
2.
If
the
guardianship
petition
requests
a
guardianship
17
with
parental
consent,
the
petition
shall
include
an
affidavit
18
signed
by
the
parent
or
parents
verifying
that
the
parent
or
19
parents
knowingly
and
voluntarily
consent
to
the
guardianship.
20
The
consent
required
by
this
subsection
shall
be
on
a
form
21
prescribed
by
the
judicial
branch.
22
3.
On
or
before
the
date
of
the
hearing
on
the
petition,
23
the
parent
or
parents
and
the
proposed
guardian
shall
file
24
an
agreement
with
the
court.
This
agreement
shall
state
the
25
following:
26
a.
The
responsibilities
of
the
guardian.
27
b.
The
responsibilities
of
the
parent
or
parents.
28
c.
The
expected
duration
of
the
guardianship,
if
known.
29
4.
If
the
court
grants
the
petition,
it
shall
approve
the
30
guardianship
agreement
between
the
custodial
parent
and
the
31
proposed
guardian
and
incorporate
its
terms
by
reference
unless
32
the
court
finds
the
agreement
was
not
reached
knowingly
and
33
voluntarily
or
is
not
in
the
best
interests
of
the
child.
34
Sec.
10.
NEW
SECTION
.
232D.204
Guardianship
without
35
-4-
LSB
1056YC
(3)
88
hb/jh
4/
26
H.F.
_____
parental
consent.
1
1.
The
court
may
appoint
a
guardian
for
a
minor
without
the
2
consent
of
the
parent
or
parents
having
legal
custody
of
the
3
minor
if
the
court
finds
by
clear
and
convincing
evidence
all
4
of
the
following:
5
a.
There
is
a
person
serving
as
a
de
facto
guardian
of
the
6
minor.
7
b.
There
has
been
a
demonstrated
lack
of
consistent
8
parental
participation
in
the
life
of
the
minor
by
the
parent.
9
In
determining
whether
a
parent
has
demonstrated
a
lack
of
10
consistent
participation
in
the
minor’s
life,
the
court
may
11
consider
all
of
the
following:
12
(1)
The
intent
of
the
parent
in
placing
the
custody,
care,
13
and
supervision
of
the
minor
with
the
person
petitioning
as
a
14
de
facto
guardian
and
the
facts
and
circumstances
regarding
15
such
placement.
16
(2)
The
amount
of
communication
and
visitation
of
the
parent
17
with
the
minor
during
the
alleged
de
facto
guardianship.
18
(3)
Any
refusal
of
the
parent
to
comply
with
conditions
for
19
retaining
custody
of
the
minor
set
forth
in
any
previous
court
20
orders.
21
2.
The
court
may
appoint
a
guardian
for
a
minor
without
the
22
consent
of
the
parent
or
parents
having
legal
custody
of
the
23
minor
if
the
court
finds
by
clear
and
convincing
evidence
all
24
of
the
following:
25
a.
No
parent
having
legal
custody
of
the
minor
is
willing
or
26
able
to
exercise
the
power
the
court
will
grant
to
the
guardian
27
if
the
court
appoints
a
guardian.
28
b.
Appointment
of
a
guardian
for
the
minor
is
in
the
best
29
interest
of
the
minor.
30
3.
Prior
to
granting
a
petition
for
guardianship,
the
31
court
shall
consider
whether
the
filing
of
a
child
in
need
of
32
assistance
petition
is
appropriate
under
section
232.87.
If
33
the
court
determines
a
child
in
need
of
assistance
petition
is
34
not
appropriate,
the
court
shall
make
findings
of
why
a
child
35
-5-
LSB
1056YC
(3)
88
hb/jh
5/
26
H.F.
_____
in
need
of
assistance
petition
is
not
appropriate.
1
4.
A
proceeding
under
this
section
shall
not
create
a
new
2
eligibility
category
for
the
department
of
human
services
3
protective
services.
4
Sec.
11.
NEW
SECTION
.
232D.301
Petition.
5
1.
Proceedings
for
guardianship
pursuant
to
this
chapter
6
may
be
initiated
by
the
filing
of
a
petition
by
any
person
with
7
an
interest
in
the
welfare
of
the
minor.
8
2.
The
petition
shall
list,
to
the
extent
known,
all
of
the
9
following:
10
a.
The
name,
age,
and
address
of
the
minor
who
is
the
11
subject
of
the
petition.
12
b.
The
name
and
address
of
the
petitioner
and
the
13
petitioner’s
relationship
to
the
minor.
14
c.
If
the
petitioner
is
not
the
proposed
guardian,
the
15
name
and
address
of
the
proposed
guardian
and
the
reason
the
16
proposed
guardian
should
be
selected.
17
d.
The
name
and
address,
to
the
extent
known
and
18
ascertainable,
of
the
following:
19
(1)
Any
living
parents
of
the
minor.
20
(2)
Any
legal
custodian
of
the
minor.
21
(3)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
22
with
whom
the
minor
has
lived
for
at
least
six
months
prior
to
23
the
filing
of
the
petition.
24
3.
The
petition
shall
contain
a
concise
statement
of
the
25
factual
basis
for
the
petition.
26
4.
The
petition
shall
state
whether
a
limited
guardianship
27
is
appropriate.
28
5.
Any
additional
information,
to
the
extent
known
and
29
reasonably
ascertainable,
required
by
section
598B.209
shall
be
30
included
in
an
affidavit
attached
to
the
petition.
31
6.
The
petition
may
request
that
a
temporary
guardian
for
32
a
minor
may
be
appointed.
Such
a
petition
shall
specify
the
33
duration
of
the
requested
temporary
guardianship
and
the
reason
34
for
a
temporary
guardianship.
35
-6-
LSB
1056YC
(3)
88
hb/jh
6/
26
H.F.
_____
Sec.
12.
NEW
SECTION
.
232D.302
Notice.
1
1.
The
filing
of
a
petition
shall
be
served
upon
the
minor
2
who
is
the
subject
of
the
petition
in
the
manner
of
an
original
3
notice
in
accordance
with
rule
of
civil
procedure
1.305(2)
4
governing
such
notice.
Notice
to
the
attorney
representing
the
5
minor,
if
any,
is
notice
to
the
minor.
6
2.
Notice
shall
be
served
upon
the
minor’s
known
parents
7
listed
in
the
petition
in
accordance
with
rule
of
civil
8
procedure
1.305.
9
3.
Notice
shall
be
served
upon
other
known
persons
listed
in
10
the
petition
in
the
manner
prescribed
by
the
court,
which
may
11
be
notice
by
mail.
Failure
of
such
persons
to
receive
actual
12
notice
does
not
constitute
a
jurisdictional
defect
precluding
13
the
appointment
of
a
guardian
by
the
court.
14
4.
Notice
of
the
filing
of
a
petition
given
to
a
person
15
under
subsection
2
or
3
shall
include
a
statement
that
the
16
person
may
register
to
receive
notice
of
the
hearing
on
17
the
petition
and
other
proceedings
and
the
manner
of
such
18
registration.
19
Sec.
13.
NEW
SECTION
.
232D.303
Attorney
for
minor.
20
1.
Upon
the
filing
of
a
petition
for
appointment
of
a
21
guardian
pursuant
to
section
232D.301,
the
court
may
appoint
22
an
attorney
for
the
minor,
if
the
court
determines
that
the
23
interests
of
the
minor
are
or
may
be
inadequately
represented.
24
2.
An
attorney
representing
the
minor
shall
advocate
25
for
the
wishes
of
the
minor
to
the
extent
that
those
wishes
26
are
reasonably
ascertainable
and
advocate
for
best
interest
27
of
the
minor
if
the
wishes
of
the
minor
are
not
reasonably
28
ascertainable.
29
Sec.
14.
NEW
SECTION
.
232D.304
Attorney
for
parent.
30
Upon
the
filing
of
a
petition
for
appointment
of
a
guardian,
31
the
court
shall
appoint
an
attorney
for
the
parent
identified
32
in
the
petition
if
all
of
the
following
are
true:
33
1.
The
parent
objects
to
the
appointment
of
a
guardian
for
34
the
minor.
35
-7-
LSB
1056YC
(3)
88
hb/jh
7/
26
H.F.
_____
2.
The
parent
requests
appointment
of
an
attorney
and
1
the
court
determines
that
the
parent
is
unable
to
pay
for
an
2
attorney
in
accordance
with
section
232D.505.
3
Sec.
15.
NEW
SECTION
.
232D.305
Court
visitor.
4
1.
The
court
may
appoint
a
court
visitor
for
the
minor.
5
2.
The
same
person
shall
not
serve
both
as
the
attorney
6
representing
the
minor
and
as
court
visitor.
7
3.
Unless
otherwise
enlarged
or
circumscribed
by
the
court,
8
the
duties
of
a
court
visitor
with
respect
to
the
minor
shall
9
include
all
of
the
following:
10
a.
Conducting,
if
the
minor’s
age
is
appropriate,
an
initial
11
in-person
interview
with
the
minor.
12
b.
Explaining
to
the
minor,
if
the
minor’s
age
is
13
appropriate,
the
substance
of
the
petition,
the
purpose
and
14
effect
of
the
guardianship
proceeding,
the
rights
of
the
15
minor
at
the
hearing,
and
the
general
powers
and
duties
of
a
16
guardian.
17
c.
Determining,
if
the
minor’s
age
is
appropriate,
the
views
18
of
the
minor
regarding
the
proposed
guardian,
the
proposed
19
guardian’s
powers
and
duties,
and
the
scope
and
duration
of
the
20
proposed
guardianship.
21
d.
Interviewing
the
parent
or
parents
and
any
other
person
22
with
legal
responsibility
for
the
custody,
care,
or
both,
of
23
the
minor.
24
e.
Interviewing
the
petitioner,
and
if
the
petitioner
is
not
25
the
proposed
guardian,
interviewing
the
proposed
guardian.
26
f.
Visiting,
to
the
extent
feasible,
the
residence
where
it
27
is
reasonably
believed
that
the
minor
will
live
if
the
guardian
28
is
appointed.
29
g.
Making
any
other
investigation
the
court
directs,
30
including
but
not
limited
to
interviewing
any
persons
providing
31
medical,
mental
health,
educational,
social,
or
other
services
32
to
the
minor.
33
4.
The
court
visitor
shall
submit
a
written
report
to
the
34
court
that
contains
all
of
the
following:
35
-8-
LSB
1056YC
(3)
88
hb/jh
8/
26
H.F.
_____
a.
A
recommendation
regarding
the
appropriateness
of
a
1
guardianship
for
the
minor.
2
b.
A
statement
of
the
qualifications
of
the
guardian
3
together
with
a
statement
of
whether
the
minor
has
expressed
4
agreement
with
the
appointment
of
the
proposed
guardian.
5
c.
Any
other
matters
the
court
visitor
deems
relevant
to
the
6
petition
for
guardianship
and
the
best
interests
of
the
minor.
7
d.
Any
other
matters
the
court
directs.
8
5.
The
report
of
the
court
visitor
shall
be
made
part
of
the
9
court
record
unless
otherwise
ordered
by
the
court.
10
Sec.
16.
NEW
SECTION
.
232D.306
Hearing
on
petition.
11
1.
The
court
shall
fix
the
time
and
place
of
hearing
on
12
the
petition
and
shall
prescribe
a
time
not
less
than
twenty
13
days
after
the
date
the
notice
is
served
unless
the
court
finds
14
there
is
good
cause
shown
to
shorten
the
time
period.
The
15
court
shall
also
prescribe
the
manner
of
service
of
the
notice
16
of
such
hearing.
17
2.
The
minor
who
is
the
subject
of
a
petition
filed
pursuant
18
to
section
232D.301
shall
be
entitled
to
attend
the
hearing
on
19
the
petition
if
the
minor
is
of
an
age
appropriate
to
attend
20
the
hearing.
A
presumption
shall
exist
that
a
minor
fourteen
21
years
of
age
or
older
is
of
an
age
appropriate
to
attend
the
22
hearing.
23
3.
The
court
shall
not
exclude
a
minor
entitled
to
24
attend
the
hearing
under
subsection
2
unless
the
court
finds
25
that
there
is
good
cause
shown
for
excluding
the
minor
from
26
attendance.
27
Sec.
17.
NEW
SECTION
.
232D.307
Background
checks
of
28
proposed
guardians.
29
1.
The
court
shall
request
criminal
record
checks
and
checks
30
of
the
child
abuse,
dependent
adult
abuse,
and
sex
offender
31
registries
in
this
state
for
all
proposed
guardians
other
than
32
financial
institutions
with
Iowa
trust
powers
unless
a
proposed
33
guardian
has
undergone
the
required
background
checks
in
this
34
section
within
the
twelve
months
prior
to
the
filing
of
a
35
-9-
LSB
1056YC
(3)
88
hb/jh
9/
26
H.F.
_____
petition.
1
2.
The
court
shall
review
the
results
of
background
checks
2
in
determining
the
suitability
of
a
proposed
guardian
for
3
appointment.
4
3.
The
judicial
branch
in
conjunction
with
the
department
5
of
public
safety,
the
department
of
human
services,
and
the
6
state
chief
information
officer
shall
establish
procedures
for
7
electronic
access
to
the
single
contact
repository
necessary
to
8
conduct
background
checks
requested
under
subsection
1.
9
4.
The
person
who
files
a
petition
for
appointment
of
10
guardian
for
a
minor
shall
be
responsible
for
paying
the
fee
11
for
the
background
check
conducted
through
the
single
contact
12
repository
unless
the
court
waives
the
fee
for
good
cause
13
shown.
14
Sec.
18.
NEW
SECTION
.
232D.308
Selection
of
guardian
——
15
qualifications
and
preferences.
16
1.
The
court
shall
appoint
as
guardian
a
qualified
and
17
suitable
person
who
is
willing
to
serve
subject
to
the
18
preferences
as
to
the
appointment
of
a
guardian
set
forth
in
19
subsections
2
and
3.
20
2.
In
appointing
a
guardian
for
a
minor,
the
court
shall
21
give
preference
to
a
person,
if
qualified
and
suitable,
22
nominated
as
guardian
for
a
minor
by
a
will
that
was
executed
23
by
the
parent
or
parents
having
legal
custody
of
the
minor
24
at
the
time
of
the
parent’s
or
parents’
death,
and
that
was
25
admitted
to
probate
under
chapter
633.
26
3.
In
appointing
a
guardian
for
a
minor,
the
court
shall
27
give
preference,
if
qualified
and
suitable,
to
a
person
28
requested
by
a
minor
fourteen
years
of
age
or
older.
29
Sec.
19.
NEW
SECTION
.
232D.309
Emergency
appointment
of
30
temporary
guardian.
31
1.
A
person
authorized
to
file
a
petition
under
section
32
232D.301
may
file
a
petition
for
the
emergency
appointment
of
a
33
temporary
guardian
for
the
minor.
34
2.
The
petition
shall
state
all
of
the
following:
35
-10-
LSB
1056YC
(3)
88
hb/jh
10/
26
H.F.
_____
a.
The
name
and
address
of
the
minor
and
the
birthdate
of
1
the
minor.
2
b.
The
name
and
address
of
the
living
parents
of
the
minor,
3
if
known.
4
c.
The
name
and
address
of
any
other
person
legally
5
responsible
for
the
custody
or
care
of
the
minor,
if
known.
6
d.
The
reason
the
emergency
appointment
of
a
temporary
7
guardian
is
sought.
8
3.
The
court
may
enter
an
ex
parte
order
appointing
a
9
temporary
guardian
for
a
minor
on
an
emergency
basis
under
this
10
section
if
the
court
finds
that
all
of
the
following
are
met:
11
a.
There
is
not
sufficient
time
to
file
a
petition
and
hold
12
a
hearing
pursuant
to
section
232D.301.
13
b.
The
appointment
of
temporary
guardian
is
necessary
to
14
avoid
immediate
or
irreparable
harm
to
the
minor.
15
4.
Notice
of
the
emergency
appointment
of
a
temporary
16
guardian
shall
be
provided
to
persons
required
to
be
listed
in
17
the
petition
under
subsection
2.
18
5.
The
parents
of
the
minor
and
any
other
person
legally
19
responsible
for
the
custody
or
care
of
the
minor
may
file
a
20
written
request
for
a
hearing.
Such
hearing
shall
be
held
no
21
later
than
seven
days
after
the
filing
of
the
written
request.
22
6.
The
powers
of
the
temporary
guardian
set
forth
in
the
ex
23
parte
order
shall
be
limited
to
those
necessary
to
address
the
24
emergency
situation
requiring
the
appointment
of
a
temporary
25
guardian.
26
7.
The
ex
parte
order
shall
terminate
within
thirty
days
27
after
the
order
is
issued.
28
Sec.
20.
NEW
SECTION
.
232D.310
Appointment
of
a
guardian
29
for
a
minor
on
a
standby
basis.
30
A
petition
for
the
appointment
of
a
guardian
for
a
minor
31
on
a
standby
basis
may
be
filed
by
any
person
under
the
same
32
procedure
and
requirements
as
provided
under
this
chapter.
33
Sec.
21.
NEW
SECTION
.
232D.311
Appointment
of
guardian
for
34
minor
approaching
majority
on
a
standby
basis.
35
-11-
LSB
1056YC
(3)
88
hb/jh
11/
26
H.F.
_____
Notwithstanding
section
232D.103,
any
adult
with
an
interest
1
in
the
welfare
of
a
minor
who
is
at
least
seventeen
years
and
2
six
months
of
age
may
file
a
verified
petition
pursuant
to
3
section
633.552
to
initiate
a
proceeding
to
appoint
a
guardian
4
of
the
minor
to
take
effect
on
the
minor’s
eighteenth
birthday.
5
Sec.
22.
NEW
SECTION
.
232D.401
Order
appointing
guardian
6
and
powers
of
guardian.
7
1.
The
order
by
the
court
appointing
a
guardian
for
a
minor
8
shall
state
the
basis
for
the
order.
9
2.
The
order
by
the
court
appointing
a
guardian
for
a
minor
10
shall
state
whether
the
guardianship
is
a
limited
guardianship.
11
3.
An
order
by
the
court
appointing
a
guardian
for
a
minor
12
shall
state
the
powers
granted
to
the
guardian.
Except
as
13
otherwise
limited
by
court
order,
the
court
may
grant
the
14
guardian
the
following
powers,
which
may
be
exercised
without
15
prior
court
approval:
16
a.
Taking
custody
of
the
minor
and
establishing
the
minor’s
17
permanent
residence
if
otherwise
consistent
with
the
terms
of
18
any
order
of
competent
jurisdiction
relating
to
the
custody,
19
placement,
detention,
or
commitment
of
the
minor
within
the
20
state.
21
b.
Consenting
to
medical,
dental,
and
other
health
care
22
treatment
and
services
for
the
minor.
23
c.
Providing
or
arranging
for
the
provision
of
education
24
for
the
minor
including
but
not
limited
to
preschool
education,
25
primary
education
and
secondary
education,
special
education
26
and
related
services,
and
vocational
services.
27
d.
Consenting
to
professional
services
for
the
minor
to
28
ensure
the
safety
and
welfare
of
the
minor.
29
e.
Applying
for
and
receiving
funds
and
benefits
payable
for
30
the
support
of
the
minor.
31
f.
Any
other
powers
the
court
may
specify.
32
4.
The
court
may
grant
the
guardian
the
following
powers,
33
which
shall
only
be
exercised
with
prior
court
approval:
34
a.
Consenting
to
the
withholding
or
withdrawal
of
35
-12-
LSB
1056YC
(3)
88
hb/jh
12/
26
H.F.
_____
life-sustaining
procedures,
as
defined
in
section
144A.2,
from
1
the
minor,
the
performance
of
an
abortion
on
the
minor,
or
the
2
sterilization
of
the
minor.
3
b.
Establishing
the
residence
of
the
minor
outside
of
the
4
state.
5
c.
Consenting
to
the
marriage
of
the
minor.
6
d.
Consenting
to
the
emancipation
of
the
minor.
7
5.
The
guardian
shall
obtain
prior
court
approval
for
denial
8
of
all
visitation,
communication,
or
interaction
between
the
9
minor
and
the
parents
of
the
minor.
The
court
shall
approve
10
such
denial
of
visitation,
communication,
or
interaction
11
upon
a
showing
by
the
guardian
that
significant
physical
or
12
emotional
harm
to
the
minor
has
resulted
or
is
likely
to
result
13
to
the
minor
from
parental
contact.
The
guardian
may
place
14
reasonable
time,
place,
or
manner
restrictions
on
visitation,
15
communication,
or
interaction
between
the
minor
and
the
minor’s
16
parents
without
prior
court
approval.
17
Sec.
23.
NEW
SECTION
.
232D.402
Duties
and
responsibilities
18
of
guardian.
19
1.
A
guardian
is
a
fiduciary
and
shall
act
in
the
20
best
interest
of
the
minor
and
exercise
reasonable
care,
21
diligence,
and
prudence
in
performing
guardianship
duties
and
22
responsibilities.
The
fiduciary
duties
of
a
guardian
for
an
23
adult
set
forth
in
chapter
633
are
applicable
to
a
guardian
24
under
this
chapter.
25
2.
Except
as
otherwise
limited
by
the
court,
a
guardian
26
has
the
duty
and
responsibility
to
ensure
the
minor’s
health,
27
education,
safety,
welfare,
and
support.
28
3.
A
guardian
with
whom
the
minor
is
not
living
should
29
maintain
regular
contact
with
the
minor.
30
4.
A
guardian
should
make
reasonable
efforts
to
facilitate
31
the
continuation
of
the
relationship
of
the
minor
and
the
32
minor’s
parents
subject
to
section
232D.401,
subsection
5.
33
5.
A
guardian
shall
file
the
reports
with
the
court
required
34
under
section
232D.501.
35
-13-
LSB
1056YC
(3)
88
hb/jh
13/
26
H.F.
_____
6.
A
guardian
shall
promptly
inform
the
court
of
any
change
1
in
the
permanent
residence
of
the
minor
and
the
minor’s
new
2
address.
3
Sec.
24.
NEW
SECTION
.
232D.403
Guardian’s
acceptance
of
4
appointment
and
oath
and
issuance
of
letters
of
appointment.
5
The
court
shall
issue
letters
of
appointment
to
a
guardian
6
upon
the
guardian’s
acceptance
of
appointment
and
the
7
guardian’s
subscription
of
an
oath,
or
certification
under
8
penalties
of
perjury,
that
the
guardian
will
faithfully
9
discharge
the
duties
imposed
by
law,
according
to
the
best
of
10
the
guardian’s
ability.
11
Sec.
25.
NEW
SECTION
.
232D.501
Reports
of
guardian.
12
1.
A
guardian
appointed
by
the
court
under
this
chapter
13
shall
file
the
following
reports
which
shall
not
be
waived
by
14
the
court:
15
a.
A
verified
initial
care
plan
filed
within
sixty
days
of
16
appointment.
The
information
in
the
initial
care
plan
shall
17
include
but
not
be
limited
to
the
following
information:
18
(1)
The
minor’s
current
residence
and
guardian’s
plan
for
19
the
minor’s
living
arrangements.
20
(2)
The
guardian’s
plan
for
payment
of
the
minor’s
living
21
expenses
and
other
expenses.
22
(3)
The
minor’s
health
status
and
the
guardian’s
plan
for
23
meeting
the
minor’s
health
needs.
24
(4)
The
minor’s
educational
training
and
vocational
needs
25
and
the
guardian’s
plan
for
meeting
the
minor’s
educational
26
training
and
vocational
needs.
27
(5)
The
guardian’s
plan
for
facilitating
contacts
of
the
28
minor
with
the
minor’s
parents.
29
(6)
The
guardian’s
plan
for
contact
with
and
activities
on
30
behalf
of
the
minor.
31
b.
A
verified
annual
report
filed
within
thirty
days
of
32
the
close
of
the
reporting
period.
The
information
in
the
33
annual
report
shall
include
but
not
be
limited
to
the
following
34
information:
35
-14-
LSB
1056YC
(3)
88
hb/jh
14/
26
H.F.
_____
(1)
The
current
residence
and
living
arrangements
of
the
1
minor.
2
(2)
The
sources
of
the
payment
for
the
minor’s
living
3
expenses
and
other
expenses.
4
(3)
The
minor’s
health
status
and
health
services
provided
5
the
minor.
6
(4)
The
minor’s
mental,
behavioral,
or
emotional
problems,
7
if
any,
and
professional
services
provided
the
minor
for
such
8
problems.
9
(5)
The
minor’s
educational
status
and
educational
training
10
and
vocational
services
provided
the
minor.
11
(6)
The
nature
and
extent
of
parental
visits
and
12
communication
with
the
minor.
13
(7)
The
nature
and
extent
of
the
guardian’s
visits
with
and
14
activities
on
behalf
of
the
minor.
15
(8)
The
need
for
continuation
of
guardianship.
16
(9)
The
ability
of
the
guardian
to
continue
as
guardian.
17
(10)
The
need
of
the
guardian
for
assistance
in
providing
or
18
arranging
for
the
provision
of
care
for
the
minor.
19
c.
A
final
report
filed
within
thirty
days
of
the
20
termination
of
the
guardianship
under
section
232D.503.
21
2.
The
judicial
branch
shall
prescribe
the
forms
for
use
by
22
the
guardian
in
filing
the
reports
required
by
this
section.
23
3.
The
clerk
of
the
court
shall
notify
the
guardian
in
24
writing
of
the
reporting
requirements
and
shall
provide
25
information
and
assistance
to
the
guardian
in
filing
the
26
reports.
27
4.
Reports
of
the
guardian
shall
be
reviewed
and
approved
28
by
the
court.
29
Sec.
26.
NEW
SECTION
.
232D.502
Removal
of
guardian
——
30
appointment
of
successor
guardian.
31
1.
The
court
may
remove
a
guardian
for
a
minor
for
failure
32
to
perform
guardianship
duties
or
for
other
good
cause
shown.
33
2.
The
court
shall
conduct
a
hearing
to
determine
whether
34
a
guardian
should
be
removed
on
the
filing
of
a
petition
by
35
-15-
LSB
1056YC
(3)
88
hb/jh
15/
26
H.F.
_____
a
minor
under
guardianship
who
is
fourteen
years
of
age
or
1
older,
the
parent
of
a
minor,
or
other
person
with
an
interest
2
in
welfare
of
the
minor
if
the
court
determines
that
there
are
3
reasonable
grounds
for
believing
that
removal
is
appropriate
4
based
on
the
allegations
stated
in
the
petition.
5
3.
The
court
may
conduct
a
hearing
to
determine
whether
6
the
guardian
should
be
removed
on
the
receipt
of
a
written
7
communication
from
a
minor
under
guardianship
who
is
fourteen
8
years
of
age
or
older,
the
parent
of
the
minor,
or
other
9
person
with
an
interest
in
welfare
of
the
minor
if
the
court
10
determines
that
a
hearing
would
be
in
the
best
interest
of
the
11
minor.
12
4.
The
court
may
decline
to
hold
a
hearing
under
subsection
13
2
or
3
if
the
same
or
substantially
similar
facts
were
alleged
14
in
a
petition
filed
in
the
preceding
six
months
or
in
a
written
15
communication
received
in
the
preceding
six
months.
16
5.
The
court
may
appoint
a
successor
guardian
on
the
17
removal
of
a
guardian
pursuant
to
subsection
1,
the
death
of
a
18
guardian,
or
the
resignation
of
a
guardian.
19
Sec.
27.
NEW
SECTION
.
232D.503
Termination
and
modification
20
of
guardianships.
21
1.
A
guardianship
shall
terminate
on
the
minor’s
death,
22
adoption,
emancipation,
or
attainment
of
majority.
23
2.
The
court
shall
terminate
a
guardianship
established
24
pursuant
to
section
232D.203
if
the
court
finds
that
the
basis
25
for
the
guardianship
set
forth
in
section
232D.203
is
not
26
currently
satisfied
unless
the
court
finds
that
the
termination
27
of
the
guardianship
would
be
harmful
to
the
minor
and
the
28
minor’s
interest
in
continuation
of
the
guardianship
outweighs
29
the
interest
of
a
parent
of
the
minor
in
the
termination
of
the
30
guardianship.
31
3.
The
court
shall
terminate
a
guardianship
established
32
pursuant
to
section
232D.204
if
the
court
finds
that
the
33
basis
for
the
guardianship
set
forth
in
section
232D.204
34
is
not
currently
satisfied.
A
person
seeking
termination
35
-16-
LSB
1056YC
(3)
88
hb/jh
16/
26
H.F.
_____
of
guardianship
established
pursuant
to
section
232D.204
1
has
the
burden
of
making
a
prima
facie
showing
that
the
2
guardianship
should
be
terminated.
If
such
a
showing
is
made,
3
the
guardian
has
the
burden
of
going
forward
to
prove
by
clear
4
and
convincing
evidence
that
the
guardianship
should
not
be
5
terminated.
6
4.
The
court
shall
modify
the
powers
granted
to
the
guardian
7
if
the
court
finds
such
powers
no
longer
meet
the
needs
of
the
8
minor
or
are
not
in
the
minor’s
best
interest.
9
5.
The
court
may
conduct
a
hearing
to
determine
whether
10
termination
or
modification
of
a
guardianship
is
appropriate
11
on
the
filing
of
a
petition
by
a
minor
fourteen
years
of
age
or
12
older
who
is
under
guardianship,
a
guardian,
or
other
person
13
with
an
interest
in
the
welfare
of
the
minor
or
on
receipt
of
a
14
written
communication
from
such
persons.
15
Sec.
28.
NEW
SECTION
.
232D.504
Rights
and
immunities
of
16
a
guardian.
17
1.
A
guardian
is
not
required
to
use
the
guardian’s
personal
18
funds
for
the
minor’s
expenses.
If
a
conservator
has
been
19
appointed
for
the
estate
of
the
minor,
the
guardian
may
request
20
and
the
conservator
may
approve
and
pay
for
the
requested
21
reimbursement
without
prior
court
approval.
22
2.
A
guardian
may
submit
a
request,
together
with
the
23
guardian’s
annual
report,
for
approval
by
the
court
of
24
reasonable
compensation
for
services
as
guardian.
25
3.
Notwithstanding
section
137C.25B
or
any
other
provision
26
of
law
to
the
contrary,
a
guardian
is
not
liable
to
a
third
27
person
for
an
act
or
omission
of
the
minor
solely
by
reason
of
28
the
guardianship.
29
Sec.
29.
NEW
SECTION
.
232D.505
Expenses.
30
1.
Except
as
otherwise
provided
by
law,
the
court
shall
31
inquire
into
the
ability
of
the
minor
or
the
minor’s
parent
to
32
pay
expenses
incurred
pursuant
to
the
guardianship
proceedings
33
established
under
this
chapter.
After
giving
the
minor
and
34
the
parent
a
reasonable
opportunity
to
be
heard,
the
court
35
-17-
LSB
1056YC
(3)
88
hb/jh
17/
26
H.F.
_____
may
order
the
minor
or
the
parent
to
pay
all
or
part
of
the
1
following:
2
a.
Costs
of
legal
expenses
of
the
minor
and
the
parent.
3
b.
Expenses
for
a
court
visitor.
4
c.
Filing
fees
and
other
court
costs,
unless
the
costs
are
5
waived
for
good
cause
shown.
6
2.
If
the
court
finds
a
minor’s
parents
to
be
indigent,
or
7
if
the
minor
has
no
parent,
costs
shall
be
assessed
against
8
the
county
in
which
the
proceeding
is
pending.
For
purposes
9
of
assessing
costs
under
this
subsection,
the
court
shall
find
10
a
minor’s
parents
to
be
indigent
if
the
minor’s
or
the
parent’s
11
income
and
resources
do
not
exceed
one
hundred
fifty
percent
12
of
the
federal
poverty
level,
or
the
minor’s
parent
would
be
13
unable
to
pay
such
costs
without
prejudicing
the
parent’s
14
ability
to
provide
economic
necessities
for
the
parent
or
the
15
parent’s
dependents.
16
DIVISION
II
17
CORRESPONDING
CODE
CHANGES
18
Sec.
30.
Section
232.101A,
Code
2019,
is
amended
to
read
as
19
follows:
20
232.101A
Transfer
of
guardianship
to
custodian.
21
1.
After
a
dispositional
hearing
the
court
may
enter
an
22
order
transferring
guardianship
of
the
child
to
a
custodian
23
close
the
child
in
need
of
assistance
case
and
appoint
a
24
guardian
pursuant
to
sections
232D.308
and
232D.401
if
all
of
25
the
following
conditions
are
met:
26
a.
The
person
receiving
guardianship
meets
the
definition
27
of
custodian
in
section
232.2
.
28
b.
The
person
receiving
guardianship
has
assumed
29
responsibility
for
the
child
prior
to
filing
of
the
petition
30
under
this
division
and
has
maintained
placement
of
the
child
31
since
the
filing
of
the
petition
under
this
division
.
32
c.
The
parent
of
the
child
does
not
appear
at
the
33
dispositional
hearing,
or
the
parent
appears
at
the
34
dispositional
hearing,
does
not
object
to
the
transfer
of
35
-18-
LSB
1056YC
(3)
88
hb/jh
18/
26
H.F.
_____
guardianship,
and
agrees
to
waive
the
requirement
for
making
1
reasonable
efforts
as
defined
in
section
232.102
.
2
2.
If
the
court
transfers
guardianship
appoints
a
guardian
3
pursuant
to
subsection
1
,
the
court
may
close
the
child
in
4
need
of
assistance
case
by
transferring
jurisdiction
over
the
5
child’s
guardianship
to
the
probate
court
.
The
court
shall
6
inform
the
proposed
guardian
of
the
guardian’s
reporting
duties
7
under
section
633.669
232D.501
and
other
duties
under
chapter
8
633
232D
.
Upon
transferring
jurisdiction,
the
The
court
shall
9
direct
the
probate
clerk
of
court
,
once
the
proposed
guardian
10
has
filed
an
oath
of
office
and
identification
in
accordance
11
with
section
602.6111
,
to
issue
letters
of
appointment
for
12
guardianship
and
docket
the
case
in
probate
.
Records
contained
13
in
the
probate
case
file
that
were
copied
or
transferred
from
14
the
juvenile
court
file
concerning
the
case
shall
be
subject
to
15
section
232.147
and
other
confidentiality
provisions
of
this
16
chapter
for
cases
not
involving
juvenile
delinquency.
17
Sec.
31.
Section
232.104,
subsection
8,
paragraph
b,
Code
18
2019,
is
amended
to
read
as
follows:
19
b.
In
lieu
of
the
procedures
specified
in
paragraph
“a”
,
20
the
court
may
close
the
child
in
need
of
assistance
case
by
21
transferring
jurisdiction
over
the
child’s
guardianship
to
the
22
probate
court
and
may
appoint
a
guardian
pursuant
to
chapter
23
232D
.
The
court
shall
inform
the
proposed
guardian
of
the
24
guardian’s
reporting
duties
under
section
633.669
and
other
25
duties
under
the
probate
code.
Upon
transferring
jurisdiction,
26
the
court
shall
direct
the
probate
clerk,
once
the
proposed
27
guardian
has
filed
an
oath
of
office
and
identification
28
in
accordance
with
section
602.6111
,
to
issue
letters
of
29
appointment
for
guardianship
and
docket
the
case
in
probate.
30
Records
contained
in
the
probate
case
file
that
were
copied
or
31
transferred
from
the
juvenile
court
file
concerning
the
case
32
shall
be
subject
to
section
232.147
and
other
confidentiality
33
provisions
of
this
chapter
for
cases
not
involving
juvenile
34
delinquency.
35
-19-
LSB
1056YC
(3)
88
hb/jh
19/
26
H.F.
_____
Sec.
32.
Section
235A.15,
subsection
2,
paragraph
d,
1
subparagraphs
(1)
and
(2),
Code
2019,
are
amended
to
read
as
2
follows:
3
(1)
To
a
juvenile
court
involved
in
an
adjudication
or
4
disposition
of
a
child
named
in
a
report
or
a
child
that
is
the
5
subject
of
a
guardianship
proceeding
under
chapter
232D
.
6
(2)
To
a
district
court
upon
a
finding
that
data
is
7
necessary
for
the
resolution
of
an
issue
arising
in
any
phase
8
of
a
case
involving
child
abuse
or
guardianship
proceedings
for
9
a
child
under
chapter
232D
.
10
Sec.
33.
Section
235B.6,
subsection
2,
paragraph
d,
Code
11
2019,
is
amended
by
adding
the
following
new
subparagraphs:
12
NEW
SUBPARAGRAPH
.
(5)
To
a
juvenile
court
involved
in
an
13
adjudication
or
disposition
of
a
child
that
is
the
subject
of
a
14
guardianship
proceeding
under
chapter
232D.
15
NEW
SUBPARAGRAPH
.
(6)
To
a
district
court
upon
a
finding
16
that
data
is
necessary
for
the
resolution
of
an
issue
arising
17
in
any
phase
of
a
case
involving
proceedings
for
a
child
18
guardianship
under
chapter
232D.
19
Sec.
34.
Section
602.7101,
subsection
1,
Code
2019,
is
20
amended
to
read
as
follows:
21
1.
A
juvenile
court
is
established
in
each
county.
The
22
juvenile
court
is
within
the
district
court
and
has
the
23
jurisdiction
provided
in
chapter
chapters
232
and
232D
.
24
Sec.
35.
Section
602.8102,
subsection
42,
Code
2019,
is
25
amended
to
read
as
follows:
26
42.
Serve
as
clerk
of
the
juvenile
court
and
carry
out
27
duties
as
provided
in
chapter
chapters
232
and
232D
and
article
28
7
of
this
chapter
.
29
Sec.
36.
Section
633.10,
subsection
3,
Code
2019,
is
amended
30
to
read
as
follows:
31
3.
Conservatorships
and
guardianships.
32
a.
The
Except
as
provided
for
in
paragraph
“b”
,
the
33
appointment
of
conservators
and
guardians;
the
granting
34
of
letters
of
conservatorship
and
guardianship;
the
35
-20-
LSB
1056YC
(3)
88
hb/jh
20/
26
H.F.
_____
administration,
settlement
and
closing
of
conservatorships
and
1
guardianships.
2
b.
Beginning
the
effective
date
of
this
Act,
minor
3
guardianships
are
under
the
exclusive
jurisdiction
of
the
4
juvenile
court
pursuant
to,
and
except
as
limited
by,
chapter
5
232D.
6
Sec.
37.
Section
633.552,
subsection
2,
Code
2019,
is
7
amended
to
read
as
follows:
8
2.
That
the
proposed
ward
is
in
either
of
the
following
9
categories:
10
a.
Is
a
person
whose
decision-making
capacity
is
so
11
impaired
that
the
person
is
unable
to
care
for
the
person’s
12
personal
safety
or
to
attend
to
or
provide
for
necessities
for
13
the
person
such
as
food,
shelter,
clothing,
or
medical
care,
14
without
which
physical
injury
or
illness
might
occur.
15
b.
Is
a
minor.
16
Sec.
38.
Section
633.554,
subsection
2,
Code
2019,
is
17
amended
to
read
as
follows:
18
2.
a.
If
the
proposed
ward
is
a
minor
or
if
the
19
proposed
ward
is
an
adult
under
a
standby
petition
and
the
20
court
determines,
pursuant
to
section
633.561,
subsection
21
1
,
paragraph
“b”
,
that
the
proposed
ward
is
entitled
to
22
representation,
notice
in
the
manner
of
original
notice,
or
23
another
form
of
notice
ordered
by
the
court,
given
to
the
24
attorney
appointed
to
represent
the
ward
is
notice
to
the
25
proposed
ward.
26
b.
Notice
shall
also
be
served
upon
:
27
(1)
The
parents
of
the
proposed
ward,
if
the
proposed
ward
28
is
a
minor.
29
(2)
The
the
spouse
of
the
proposed
ward
,
if
the
proposed
30
ward
is
an
adult.
If
the
proposed
ward
has
no
spouse,
notice
31
shall
be
served
upon
the
proposed
ward’s
adult
children,
if
32
any.
33
Sec.
39.
Section
633.557,
subsection
1,
Code
2019,
is
34
amended
to
read
as
follows:
35
-21-
LSB
1056YC
(3)
88
hb/jh
21/
26
H.F.
_____
1.
A
guardian
may
also
be
appointed
by
the
court
upon
the
1
verified
petition
of
the
proposed
ward,
without
further
notice,
2
if
the
proposed
ward
is
other
than
a
minor
under
the
age
of
3
fourteen
years,
provided
the
court
determines
that
such
an
4
appointment
will
inure
to
the
best
interest
of
the
applicant.
5
However,
if
an
involuntary
petition
is
pending,
the
court
shall
6
be
governed
by
section
633.634
.
The
petition
shall
provide
7
the
proposed
ward
notice
of
a
guardian’s
powers
as
provided
in
8
section
633.562
.
9
Sec.
40.
Section
633.561,
subsection
1,
paragraph
b,
Code
10
2019,
is
amended
to
read
as
follows:
11
b.
If
the
proposed
ward
is
either
a
minor
or
an
adult
under
12
a
standby
petition,
the
court
shall
determine
whether,
under
13
the
circumstances
of
the
case,
the
proposed
ward
is
entitled
14
to
representation.
The
determination
regarding
representation
15
may
be
made
with
or
without
notice
to
the
proposed
ward,
as
16
the
court
deems
necessary.
If
the
court
determines
that
the
17
proposed
ward
is
entitled
to
representation,
the
court
shall
18
appoint
an
attorney
to
represent
the
proposed
ward.
After
19
making
the
determination
regarding
representation,
the
court
20
shall
set
a
hearing
on
the
petition,
and
provide
for
notice
on
21
the
determination
regarding
representation
and
the
date
for
22
hearing.
23
Sec.
41.
Section
633.635,
subsection
5,
Code
2019,
is
24
amended
to
read
as
follows:
25
5.
From
time
to
time,
upon
a
proper
showing,
the
court
may
26
modify
the
respective
responsibilities
of
the
guardian
and
27
the
ward,
after
notice
to
the
ward
and
an
opportunity
to
be
28
heard.
Any
modification
that
would
be
more
restrictive
or
29
burdensome
for
the
ward
shall
be
based
on
clear
and
convincing
30
evidence
that
the
ward
continues
to
fall
within
the
categories
31
of
section
633.552,
subsection
2
,
paragraph
“a”
or
“b”
,
and
32
that
the
facts
justify
a
modification
of
the
guardianship.
33
Section
633.551
applies
to
the
modification
proceedings.
Any
34
modification
that
would
be
less
restrictive
for
the
ward
shall
35
-22-
LSB
1056YC
(3)
88
hb/jh
22/
26
H.F.
_____
be
based
upon
proof
in
accordance
with
the
requirements
of
1
section
633.675
.
2
Sec.
42.
Section
633.675,
subsection
2,
Code
2019,
is
3
amended
by
striking
the
subsection.
4
Sec.
43.
Section
633.679,
subsection
2,
Code
2019,
is
5
amended
by
striking
the
subsection.
6
Sec.
44.
REPEAL.
Section
633.559,
Code
2019,
is
repealed.
7
Sec.
45.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
8
2020.
9
Sec.
46.
APPLICABILITY.
This
Act
applies
to
guardianships
10
and
guardianship
proceedings
of
minors
established
or
pending
11
before,
on,
or
after
January
1,
2020.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
provides
the
basis
for
appointment
of
a
guardian
16
for
a
minor
by
the
juvenile
court,
the
procedures
for
17
establishment
of
a
minor
guardianship,
and
court
monitoring
and
18
administration
of
minor
guardianships.
19
JUVENILE
COURT
JURISDICTION
OVER
MINOR
GUARDIANSHIPS.
Code
20
chapter
633
contains
provisions
relating
to
guardianships,
21
which
apply
to
adults
and
minors.
The
bill
repeals
and
amends
22
the
provisions
that
specifically
refer
to
minor
guardianships
23
and
replaces
them
with
new
Code
chapter
232D,
the
Iowa
minor
24
guardianship
proceedings
Act.
25
The
bill
provides
that
the
juvenile
court
shall
have
26
exclusive
jurisdiction
over
minor
guardianship
proceedings.
27
The
effect
of
this
provision
is
to
transfer
jurisdiction
over
28
these
proceedings
from
the
probate
court
to
the
juvenile
court.
29
BASIS
FOR
APPOINTMENT
OF
GUARDIAN.
The
bill
authorizes
30
minor
guardianships
under
the
following
circumstances:
31
termination
of
parental
rights
and
child
in
need
of
assistance
32
cases;
cases
involving
the
death
of
a
minor’s
parents;
cases
33
in
which
there
is
parental
consent
to
the
establishment
of
a
34
guardianship;
and
cases
in
which
there
is
not
parental
consent
35
-23-
LSB
1056YC
(3)
88
hb/jh
23/
26
H.F.
_____
to
the
establishment
of
a
guardianship.
1
The
bill
provides
that
a
guardianship
may
be
established
2
without
parental
consent
under
the
following
circumstances:
3
there
is
a
person
serving
as
a
de
facto
guardian;
there
has
4
been
a
demonstrated
lack
of
parental
participation
in
the
life
5
of
the
minor;
and
the
appointment
of
a
guardian
is
in
the
6
best
interest
of
the
minor.
The
bill
also
provides
that
a
7
guardianship
may
be
established
if
no
parent
is
willing
or
able
8
to
exercise
the
power
the
court
is
requested
to
grant
to
the
9
proposed
guardian,
and
the
appointment
of
a
guardian
is
in
the
10
best
interest
of
the
minor.
11
ESTABLISHING
A
GUARDIANSHIP.
The
bill
contains
provisions
12
relating
to
the
establishment
of
minor
guardianships.
These
13
provisions
specify
the
requirements
regarding
the
contents
of
a
14
minor
guardianship
petition,
notice,
and
hearing.
15
The
bill
provides
that
the
court
may
appoint
an
attorney
16
for
the
minor
if
the
court
determines
that
the
interests
of
17
the
minor
are,
or
may
be,
inadequately
represented.
The
bill
18
also
provides
that
the
court
shall
appoint
an
attorney
for
a
19
parent
if
the
parent
objects
to
the
appointment
of
a
guardian
20
and
the
court
determines
that
the
parent
is
unable
to
pay
for
21
an
attorney.
22
The
bill
provides
that
the
court
may
appoint
a
court
visitor
23
to
visit
the
minor
and
other
parties
to
the
proceeding
and
24
gather
the
information
needed
by
the
court
in
determining
25
whether
to
grant
the
petition.
26
The
bill
retains
the
existing
standard
for
appointment
of
27
a
person
as
a
guardian,
namely
that
the
person
be
qualified,
28
suitable,
and
willing
to
serve
in
that
capacity.
29
Current
law
does
not
require
background
checks
of
proposed
30
guardians.
The
bill
requires
that
proposed
guardians,
other
31
than
financial
institutions,
undergo
Iowa
criminal
record
32
checks
and
checks
of
the
Iowa
child
abuse,
dependent
adult
33
abuse,
and
sex
offender
registries.
The
bill
provides
that
the
34
judicial
branch,
in
collaboration
with
other
relevant
state
35
-24-
LSB
1056YC
(3)
88
hb/jh
24/
26
H.F.
_____
agencies,
shall
establish
procedures
for
electronic
access
to
1
the
single
contact
repository
for
the
conduct
of
background
2
checks
for
a
minimal
fee.
The
bill
gives
the
judge
discretion
3
to
evaluate
the
relevance
of
any
negative
background
check
4
information
in
determining
the
suitability
of
a
person
for
5
appointment
as
a
guardian.
6
The
bill
authorizes
the
emergency
appointment
of
a
temporary
7
guardian.
The
court
is
authorized
to
issue
an
ex
parte
order
8
appointing
a
temporary
guardian
on
an
emergency
basis
under
9
limited
circumstances.
10
ORDER
APPOINTING
GUARDIAN
AND
GUARDIAN’S
POWERS,
DUTIES,
AND
11
RESPONSIBILITIES.
The
bill
contains
provisions
relating
to
12
the
order
appointing
the
guardian
and
the
guardian’s
powers,
13
duties,
and
responsibilities.
14
The
bill
specifies
the
powers
that
the
court
may
grant
to
15
a
guardian.
The
bill
sets
forth
the
specific
powers
that
16
the
guardian
may
exercise
without
prior
court
approval
and
17
those
powers
that
the
guardian
may
exercise
only
with
prior
18
court
approval.
The
bill
also
specifies
the
duties
and
19
responsibilities
of
the
guardian.
20
COURT
MONITORING
AND
ADMINISTRATION
OF
MINOR
GUARDIANSHIPS.
21
The
bill
contains
provisions
relating
to
ongoing
court
22
monitoring
of
minor
guardianship
and
administration
of
minor
23
guardianships.
The
court
has
an
ongoing
responsibility
to
24
monitor
minor
guardianships
in
order
to
ensure
the
well-being
25
and
protection
of
minors
subject
to
guardianship
and
the
26
accountability
of
the
persons
appointed
to
serve
as
guardians.
27
The
bill
provides
that
guardians
shall
file
an
initial
care
28
plan
for
the
minor
within
60
days
of
appointment
for
review
29
and
approval
by
the
court.
The
bill
retains
the
existing
30
requirement
that
guardians
file
thereafter
an
annual
report
31
describing
the
minor’s
status
and
needs
and
the
guardian’s
32
activities.
The
bill
authorizes
the
court
to
remove
a
guardian
33
and
appoint
a
successor
guardian
under
certain
circumstances.
34
The
bill
further
authorizes
the
court
to
modify
a
guardianship
35
-25-
LSB
1056YC
(3)
88
hb/jh
25/
26
H.F.
_____
or
terminate
a
guardianship
under
certain
circumstances.
1
EXPENSES.
The
bill
provides
that
the
court
shall
inquire
2
into
the
ability
of
the
minor
or
the
minor’s
parent
to
pay
3
expenses
incurred
pursuant
to
the
guardianship
proceedings.
4
After
giving
the
minor
and
the
parent
a
reasonable
opportunity
5
to
be
heard,
the
court
may
order
the
minor
or
the
parent
to
6
pay
all
or
part
of
the
following:
costs
of
legal
expenses
7
of
the
minor
and
the
parent;
expenses
for
a
court
visitor;
8
and
filing
fees
and
other
court
costs,
unless
the
costs
are
9
waived
for
good
cause
shown.
The
bill
provides
that
if
the
10
court
finds
a
minor’s
parents
to
be
indigent
or
if
the
minor
11
has
no
parent,
costs
shall
be
assessed
against
the
county
in
12
which
the
proceeding
is
pending.
The
minor
or
the
minor’s
13
parents
are
indigent
if
the
minor’s
or
the
parent’s
income
and
14
resources
do
not
exceed
150
percent
of
the
federal
poverty
15
level,
or
the
minor’s
parent
would
be
unable
to
pay
such
costs
16
without
prejudicing
the
parent’s
ability
to
provide
economic
17
necessities
for
the
parent
or
the
parent’s
dependents.
18
EFFECTIVE
DATE
AND
APPLICABILITY.
The
bill
takes
effect
19
January
1,
2020,
and
applies
to
all
minor
guardianships
and
20
guardianship
proceedings
established
or
pending
before,
on,
or
21
after
January
1,
2020.
22
-26-
LSB
1056YC
(3)
88
hb/jh
26/
26
