Bill Text: IA HF2453 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to guardianships and conservatorships of minors. (Formerly HSB 579.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-19 - Introduced, placed on calendar. H.J. 304. [HF2453 Detail]
Download: Iowa-2019-HF2453-Introduced.html
House
File
2453
-
Introduced
HOUSE
FILE
2453
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
579)
A
BILL
FOR
An
Act
relating
to
guardianships
and
conservatorships
of
1
minors.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232D.103,
Code
2020,
is
amended
to
read
1
as
follows:
2
232D.103
Jurisdiction.
3
The
juvenile
court
has
exclusive
jurisdiction
in
a
4
guardianship
proceeding
concerning
a
minor
who
is
alleged
to
be
5
in
need
of
a
guardianship
,
and
guardianships
of
minors
.
6
Sec.
2.
Section
232D.105,
subsection
1,
Code
2020,
is
7
amended
to
read
as
follows:
8
1.
A
petition
alleging
that
a
minor
is
in
need
of
a
9
conservatorship
is
not
subject
to
this
chapter
.
Such
10
proceedings
shall
be
governed
by
chapter
633
and
may
be
11
initiated
pursuant
to
section
633.627
633.557
.
12
Sec.
3.
NEW
SECTION
.
232D.107
Confidentiality.
13
Official
juvenile
court
records
in
guardianship
proceedings
14
shall
be
confidential
and
are
not
public
records.
Confidential
15
records
may
be
inspected
and
their
contents
shall
be
disclosed
16
to
the
following
without
court
order,
provided
that
a
person
17
or
entity
who
inspects
or
receives
a
confidential
record
under
18
this
section
shall
not
disclose
the
confidential
record
or
its
19
contents
unless
required
by
law:
20
1.
The
judge
and
professional
court
staff.
21
2.
The
minor
and
the
minor’s
counsel.
22
3.
The
minor’s
parent,
guardian
or
custodian,
court
23
visitor,
and
any
counsel
representing
such
person.
24
Sec.
4.
Section
232D.301,
subsection
2,
paragraph
d,
25
subparagraph
(3),
Code
2020,
is
amended
to
read
as
follows:
26
(3)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
27
with
whom
the
minor
has
lived
for
at
least
any
time
during
the
28
six
months
prior
to
immediately
preceding
the
filing
of
the
29
petition.
30
Sec.
5.
Section
232D.301,
subsection
4,
Code
2020,
is
31
amended
to
read
as
follows:
32
4.
The
petition
shall
state
whether
a
limited
guardianship
33
is
appropriate
,
and
whether
a
conservatorship
for
the
minor
is
34
needed
or
already
in
existence
.
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Sec.
6.
Section
232D.302,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
Notice
shall
be
served
upon
the
minor’s
known
parents
3
listed
in
the
petition
in
accordance
with
the
rules
of
civil
4
procedure.
If
the
parent
has
not
filed
a
consent
to
the
5
appointment
of
a
guardian,
the
notice
shall
inform
any
parent
6
named
in
the
petition
that
the
parent
may
be
entitled
to
7
representation
under
the
conditions
described
in
section
8
232D.304.
9
Sec.
7.
Section
232D.305,
subsection
1,
Code
2020,
is
10
amended
to
read
as
follows:
11
1.
The
court
may
appoint
a
court
visitor
for
the
minor.
A
12
person
is
qualified
to
serve
as
a
court
visitor
if
the
court
13
determines
the
person
has
demonstrated
sufficient
knowledge
of
14
guardianships
to
adequately
perform
the
duties
in
subsection
3.
15
Sec.
8.
Section
232D.306,
Code
2020,
is
amended
by
adding
16
the
following
new
subsection:
17
NEW
SUBSECTION
.
4.
A
hearing
on
the
petition
may
be
18
recorded
if
a
court
reporter
is
not
used.
19
Sec.
9.
Section
232D.307,
subsection
2,
Code
2020,
is
20
amended
to
read
as
follows:
21
2.
The
court
shall
review
the
results
of
background
22
checks
in
determining
the
suitability
of
a
proposed
guardian
23
for
appointment
,
and
may,
for
good
cause,
share
with
the
24
respondent,
the
respondent’s
attorney,
and
the
protected
25
person’s
attorney,
the
results
of
background
checks
.
26
Sec.
10.
Section
232D.401,
subsection
1,
Code
2020,
is
27
amended
to
read
as
follows:
28
1.
The
order
by
the
court
appointing
a
guardian
for
a
minor
29
shall
state
the
basis
for
the
order
and
the
date
on
which
the
30
first
reporting
period
for
the
guardianship
will
end
.
31
Sec.
11.
Section
232D.401,
subsection
3,
unnumbered
32
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
33
An
order
by
the
court
appointing
a
guardian
for
a
minor
shall
34
state
the
powers
granted
to
the
guardian.
Except
as
otherwise
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limited
by
court
order,
the
court
may
grant
the
guardian
the
1
following
powers,
which
may
be
exercised
without
prior
further
2
court
approval:
3
Sec.
12.
Section
232D.401,
subsection
3,
paragraph
e,
Code
4
2020,
is
amended
to
read
as
follows:
5
e.
Applying
for
and
receiving
funds
and
benefits
payable
6
for
the
support
of
the
minor
if
the
minor
does
not
have
a
7
conservator.
If
the
minor
has
a
conservator,
the
guardian
8
shall
notify
the
conservator
at
least
ten
days
before
applying
9
for
funds
or
benefits
for
the
support
of
the
minor
.
10
Sec.
13.
Section
232D.501,
subsection
1,
paragraph
a,
Code
11
2020,
is
amended
by
adding
the
following
new
subparagraph:
12
NEW
SUBPARAGRAPH
.
(2A)
The
guardian’s
plan,
if
any,
for
13
applying
for
and
receiving
funds
and
benefits
payable
for
the
14
support
of
the
minor.
15
Sec.
14.
Section
232D.501,
subsection
1,
paragraph
b,
Code
16
2020,
is
amended
by
adding
the
following
new
subparagraph:
17
NEW
SUBPARAGRAPH
.
(11)
The
results
of
the
guardian’s
18
efforts
to
apply
for
funds
or
benefits
for
the
minor,
and
19
an
accounting
for
the
use
of
such
funds
or
benefits
by
the
20
guardian.
21
Sec.
15.
Section
232D.501,
Code
2020,
is
amended
by
adding
22
the
following
new
subsections:
23
NEW
SUBSECTION
.
5.
A
copy
of
the
verified
initial
care
plan
24
and
verified
annual
reports
shall
be
provided
by
the
court
to
25
the
protected
person.
26
NEW
SUBSECTION
.
6.
The
judicial
branch
shall
develop
and
27
implement
a
calendar
system
to
ensure
that
reports
of
the
28
guardian
are
timely
filed,
and
to
provide
notice
to
the
court
29
of
guardian
reports
which
are
not
timely
filed.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
guardianships
and
conservatorships
of
34
minors.
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Under
current
law,
the
juvenile
court
has
exclusive
1
jurisdiction
of
guardianship
proceedings.
The
bill
provides
2
that
the
juvenile
court
also
has
exclusive
jurisdiction
over
3
guardianships
of
minors.
4
The
bill
changes
a
Code
reference
for
a
petition
to
appoint
a
5
conservator
for
a
minor.
6
The
bill
provides
that
a
petition
for
a
minor
guardianship
7
must
state
whether
a
minor
needs
or
currently
has
a
8
conservatorship.
9
The
bill
provides
that
juvenile
court
records
in
10
guardianship
proceedings
are
confidential
and
are
not
public
11
records.
The
confidential
records
may
be
inspected
and
12
disclosed
without
court
order
to
the
judge
and
professional
13
court
staff;
the
minor
and
minor’s
counsel;
and
the
minor’s
14
parent,
guardian
or
custodian,
court
visitor,
and
any
counsel
15
representing
such
person.
16
The
bill
describes
who
is
qualified
to
serve
as
a
court
17
visitor
for
a
minor.
18
The
bill
provides
that
notice
of
a
guardianship
proceeding
19
must
be
given
to
any
adult
with
whom
the
minor
has
lived
for
any
20
time
during
the
six
months
immediately
preceding
the
filing
of
21
the
petition.
22
The
bill
further
provides
that
if
a
minor’s
known
parents
23
have
not
consented
to
the
appointment
of
a
guardian,
the
notice
24
of
the
filing
of
a
guardianship
petition
shall
inform
the
known
25
parents
that
they
are
entitled
to
representation
if
they
meet
26
the
conditions
in
Code
section
232D.304.
27
The
bill
provides
that
hearings
on
petitions
for
28
guardianship
may
be
recorded,
and
that
for
good
cause
a
court
29
may
share
the
results
of
background
checks
regarding
the
30
suitability
of
a
proposed
guardian.
31
The
bill
also
directs
that
the
initial
verified
care
plan
32
must
include
the
guardian’s
plan
for
applying
and
receiving
33
funds
and
benefits
for
the
support
of
the
minor,
that
a
copy
of
34
the
verified
initial
care
plan
and
verified
annual
reports
be
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