Bill Text: IA HF591 | 2019-2020 | 88th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act providing for juvenile court jurisdiction over minor guardianship proceedings and including effective date and applicability provisions. (Formerly HSB 118.) Effective 1-1-20.

Spectrum: Committee Bill

Status: (Passed) 2019-05-01 - Signed by Governor. H.J. 1081. [HF591 Detail]

Download: Iowa-2019-HF591-Amended.html

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House File 591 - Reprinted
HOUSE FILE 591
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 118)
(As Amended and Passed by the House March 21, 2019 )
A BILL FOR
An Act providing for juvenile court jurisdiction over minor
guardianship proceedings and including effective date and
applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
IOWA MINOR GUARDIANSHIP PROCEEDINGS ACT
Section 1. NEW SECTION . 232D.101 Title.
This chapter shall be known as the “Iowa Minor Guardianship
Proceedings Act” .
Sec. 2. NEW SECTION . 232D.102 Definitions.
1. “Adult” means a person eighteen years of age or older
or a person declared to be emancipated by a court of competent
jurisdiction.
2. “Conservator” means a person appointed by a court to have
custody and control of the property of a minor.
3. “Court” means the juvenile court established under
section 602.7101.
4. “Demonstrated lack of consistent parental participation”
means the refusal of a parent to comply with duties and
responsibilities imposed upon a parent by the parent-child
relationship, including but not limited to providing the minor
with necessary food, clothing, shelter, health care, education,
and other care and supervision necessary for the minor’s
physical, mental, and emotional health and development.
5. “Guardian” means a person appointed by the court to have
custody of a minor.
6. “Legal custodian” means a person awarded legal custody
of a minor.
7. “Legal custody” means an award of the rights of legal
custody of a minor under which a parent has legal custodial
rights and responsibilities toward the minor child including
but not limited to decision making affecting the minor’s legal
status, medical care, education, extracurricular activities,
and religious instruction.
8. “Limited guardianship” means a guardianship that grants
the guardian less than all powers available under this chapter
or otherwise restricts the powers of the guardian.
9. “Minor” means an unmarried and unemancipated person under
the age of eighteen years.
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10. “Parent” means a biological or adoptive mother or father
of a child, a person whose parental status has been established
by operation of law due to the person’s marriage to the mother
at the time of the conception or birth of the child, by order
of a court of competent jurisdiction, or by an administrative
order when authorized by state law. “Parent” does not include a
person whose parental rights have been terminated.
Sec. 3. NEW SECTION . 232D.103 Jurisdiction.
The juvenile court has exclusive jurisdiction in a
guardianship proceeding concerning a minor who is alleged to
be in need of a guardianship.
Sec. 4. NEW SECTION . 232D.104 Venue.
1. Venue for guardianship proceedings under this chapter
shall be in the judicial district where the minor is found or
in the judicial district of the minor’s residence.
2. The court may transfer a guardianship proceeding brought
under this chapter to the juvenile court of any county having
venue at any stage in the proceedings as follows:
a. When it appears that the best interests of the minor
or the convenience of the proceedings shall be served by a
transfer, the court may transfer the case to the court of the
county of the minor’s residence.
b. With the consent of the receiving court, the court may
transfer the case to the court of the county where the minor is
found.
3. The court shall transfer the case by ordering the
transfer and a continuance and by forwarding to the clerk
of the receiving court a certified copy of all papers filed
together with an order of transfer. The judge of the receiving
court may accept the filings of the transferring court or may
direct the filing of a new petition and hear the case anew.
Sec. 5. NEW SECTION . 232D.105 Proceedings governed by other
law.
1. A petition alleging that a minor is in need of a
conservatorship is not subject to this chapter. Such
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proceedings shall be governed by chapter 633 and may be
initiated pursuant to section 633.627.
2. A petition for the appointment of a guardian for a minor
and a petition for appointment of a conservator of a minor
shall not be combined.
3. If a minor guardianship proceeding under this chapter
pertains to an Indian child as defined in section 232B.3 and
the proceeding is subject to the Iowa Indian child welfare Act
under chapter 232B, the proceeding and other actions taken in
connection with the proceeding shall comply with chapter 232B.
Sec. 6. NEW SECTION . 232D.106 Applicability of rules of
civil procedure.
The rules of civil procedure shall govern guardianship
proceedings concerning a minor who is alleged to be in need of
a guardianship except as otherwise set forth in this chapter.
Sec. 7. NEW SECTION . 232D.201 Termination of parental
rights and child in need of assistance cases.
1. The court may appoint a guardian for a minor who does not
have a guardian if all parental rights have been terminated.
2. The court may appoint a guardian for a minor in a child
in need of assistance case pursuant to section 232.101A,
232.103A, or 232.104.
Sec. 8. NEW SECTION . 232D.202 Death of parents.
1. The court may appoint a guardian for a minor if both
parents are deceased.
2. In appointing a guardian for a minor whose parents are
deceased, the court shall give preference to a person, if
qualified and suitable, nominated as guardian for a minor by a
will that was executed by the parent or parents having legal
custody of the minor at the time of the parent’s or parents’
death, and that was admitted to probate under chapter 633.
Sec. 9. NEW SECTION . 232D.203 Guardianship with parental
consent.
1. The court may appoint a guardian for a minor if the court
finds all of the following:
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a. The parent or parents having legal custody of the minor
understand the nature of the guardianship and knowingly and
voluntarily consent to the guardianship.
b. The minor is in need of a guardianship because of any one
of the following:
(1) The parent having legal custody of the minor has a
physical or mental illness that prevents the parent from
providing care and supervision of the child.
(2) The parent having legal custody of the minor is
incarcerated or imprisoned.
(3) The parent having legal custody of the minor is on
active military duty.
(4) The minor is in need of a guardianship for some other
reason constituting good cause shown.
c. Appointment of a guardian for the minor is in the best
interest of the minor.
2. If the guardianship petition requests a guardianship
with parental consent, the petition shall include an affidavit
signed by the parent or parents verifying that the parent or
parents knowingly and voluntarily consent to the guardianship.
The consent required by this subsection shall be on a form
prescribed by the judicial branch.
3. On or before the date of the hearing on the petition,
the parent or parents and the proposed guardian shall file
an agreement with the court. This agreement shall state the
following:
a. The responsibilities of the guardian.
b. The responsibilities of the parent or parents.
c. The expected duration of the guardianship, if known.
4. If the court grants the petition, it shall approve the
guardianship agreement between the custodial parent and the
proposed guardian and incorporate its terms by reference unless
the court finds the agreement was not reached knowingly and
voluntarily or is not in the best interests of the child.
Sec. 10. NEW SECTION . 232D.204 Guardianship without
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parental consent.
1. The court may appoint a guardian for a minor without the
consent of the parent or parents having legal custody of the
minor if the court finds by clear and convincing evidence all
of the following:
a. There is a person serving as a de facto guardian of the
minor.
b. There has been a demonstrated lack of consistent
parental participation in the life of the minor by the parent.
In determining whether a parent has demonstrated a lack of
consistent participation in the minor’s life, the court may
consider all of the following:
(1) The intent of the parent in placing the custody, care,
and supervision of the minor with the person petitioning as a
de facto guardian and the facts and circumstances regarding
such placement.
(2) The amount of communication and visitation of the parent
with the minor during the alleged de facto guardianship.
(3) Any refusal of the parent to comply with conditions for
retaining custody of the minor set forth in any previous court
orders.
2. The court may appoint a guardian for a minor without the
consent of the parent or parents having legal custody of the
minor if the court finds by clear and convincing evidence all
of the following:
a. No parent having legal custody of the minor is willing or
able to exercise the power the court will grant to the guardian
if the court appoints a guardian.
b. Appointment of a guardian for the minor is in the best
interest of the minor.
3. Prior to granting a petition for guardianship, the
court shall consider whether the filing of a child in need of
assistance petition is appropriate under section 232.87. If
the court determines a child in need of assistance petition is
not appropriate, the court shall make findings of why a child
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in need of assistance petition is not appropriate.
4. A proceeding under this section shall not create a new
eligibility category for the department of human services
protective services.
Sec. 11. NEW SECTION . 232D.301 Petition.
1. Proceedings for guardianship pursuant to this chapter
may be initiated by the filing of a petition by any person with
an interest in the welfare of the minor.
2. The petition shall list, to the extent known, all of the
following:
a. The name, age, and address of the minor who is the
subject of the petition.
b. The name and address of the petitioner and the
petitioner’s relationship to the minor.
c. If the petitioner is not the proposed guardian, the
name and address of the proposed guardian and the reason the
proposed guardian should be selected.
d. The name and address, to the extent known and
ascertainable, of the following:
(1) Any living parents of the minor.
(2) Any legal custodian of the minor.
(3) Any adult who has had the primary care of the minor or
with whom the minor has lived for at least six months prior to
the filing of the petition.
3. The petition shall contain a concise statement of the
factual basis for the petition.
4. The petition shall state whether a limited guardianship
is appropriate.
5. Any additional information, to the extent known and
reasonably ascertainable, required by section 598B.209 shall be
included in an affidavit attached to the petition.
6. The petition may request that a temporary guardian for
a minor may be appointed. Such a petition shall specify the
duration of the requested temporary guardianship and the reason
for a temporary guardianship.
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Sec. 12. NEW SECTION . 232D.302 Notice.
1. The filing of a petition shall be served upon the
minor who is the subject of the petition in the manner of an
original notice in accordance with the rules of civil procedure
governing such notice. Notice to the attorney representing the
minor, if any, is notice to the minor.
2. Notice shall be served upon the minor’s known parents
listed in the petition in accordance with the rules of civil
procedure.
3. Notice shall be served upon other known persons listed in
the petition in the manner prescribed by the court, which may
be notice by mail. Failure of such persons to receive actual
notice does not constitute a jurisdictional defect precluding
the appointment of a guardian by the court.
4. Notice of the filing of a petition given to a person
under subsection 2 or 3 shall include a statement that the
person may register to receive notice of the hearing on
the petition and other proceedings and the manner of such
registration.
Sec. 13. NEW SECTION . 232D.303 Attorney for minor.
1. Upon the filing of a petition for appointment of a
guardian pursuant to section 232D.301, the court shall appoint
an attorney for the minor, if the court determines that the
interests of the minor are or may be inadequately represented.
2. An attorney representing the minor shall advocate
for the wishes of the minor to the extent that those wishes
are reasonably ascertainable and advocate for best interest
of the minor if the wishes of the minor are not reasonably
ascertainable.
Sec. 14. NEW SECTION . 232D.304 Attorney for parent.
Upon the filing of a petition for appointment of a guardian,
the court shall appoint an attorney for the parent identified
in the petition if all of the following are true:
1. The parent objects to the appointment of a guardian for
the minor.
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2. The parent requests appointment of an attorney and
the court determines that the parent is unable to pay for an
attorney in accordance with section 232D.505.
Sec. 15. NEW SECTION . 232D.305 Court visitor.
1. The court may appoint a court visitor for the minor.
2. The same person shall not serve both as the attorney
representing the minor and as court visitor.
3. Unless otherwise enlarged or circumscribed by the court,
the duties of a court visitor with respect to the minor shall
include all of the following:
a. Conducting, if the minor’s age is appropriate, an initial
in-person interview with the minor.
b. Explaining to the minor, if the minor’s age is
appropriate, the substance of the petition, the purpose and
effect of the guardianship proceeding, the rights of the
minor at the hearing, and the general powers and duties of a
guardian.
c. Determining, if the minor’s age is appropriate, the views
of the minor regarding the proposed guardian, the proposed
guardian’s powers and duties, and the scope and duration of the
proposed guardianship.
d. Interviewing the parent or parents and any other person
with legal responsibility for the custody, care, or both, of
the minor.
e. Interviewing the petitioner, and if the petitioner is not
the proposed guardian, interviewing the proposed guardian.
f. Visiting, to the extent feasible, the residence where it
is reasonably believed that the minor will live if the guardian
is appointed.
g. Making any other investigation the court directs,
including but not limited to interviewing any persons providing
medical, mental health, educational, social, or other services
to the minor.
4. The court visitor shall submit a written report to the
court that contains all of the following:
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a. A recommendation regarding the appropriateness of a
guardianship for the minor.
b. A statement of the qualifications of the guardian
together with a statement of whether the minor has expressed
agreement with the appointment of the proposed guardian.
c. Any other matters the court visitor deems relevant to the
petition for guardianship and the best interests of the minor.
d. Any other matters the court directs.
5. The report of the court visitor shall be made part of the
court record unless otherwise ordered by the court.
Sec. 16. NEW SECTION . 232D.306 Hearing on petition.
1. The court shall fix the time and place of hearing on
the petition and shall prescribe a time not less than twenty
days after the date the notice is served unless the court finds
there is good cause shown to shorten the time period. The
court shall also prescribe the manner of service of the notice
of such hearing.
2. The minor who is the subject of a petition filed pursuant
to section 232D.301 shall be entitled to attend the hearing on
the petition if the minor is of an age appropriate to attend
the hearing. A presumption shall exist that a minor fourteen
years of age or older is of an age appropriate to attend the
hearing.
3. The court shall not exclude a minor entitled to
attend the hearing under subsection 2 unless the court finds
that there is good cause shown for excluding the minor from
attendance.
Sec. 17. NEW SECTION . 232D.307 Background checks of
proposed guardians.
1. The court shall request criminal record checks and checks
of the child abuse, dependent adult abuse, and sex offender
registries in this state for all proposed guardians other than
financial institutions with Iowa trust powers unless a proposed
guardian has undergone the required background checks in this
section within the twelve months prior to the filing of a
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petition.
2. The court shall review the results of background checks
in determining the suitability of a proposed guardian for
appointment.
3. The judicial branch in conjunction with the department
of public safety, the department of human services, and the
state chief information officer shall establish procedures for
electronic access to the single contact repository necessary to
conduct background checks requested under subsection 1.
4. The person who files a petition for appointment of
guardian for a minor shall be responsible for paying the fee
for the background check conducted through the single contact
repository unless the court waives the fee for good cause
shown.
Sec. 18. NEW SECTION . 232D.308 Selection of guardian ——
qualifications and preferences.
1. The court shall appoint as guardian a qualified and
suitable person who is willing to serve subject to the
preferences as to the appointment of a guardian set forth in
subsections 2 and 3.
2. In appointing a guardian for a minor, the court shall
give preference to a person, if qualified and suitable,
nominated as guardian for a minor by a will that was executed
by the parent or parents having legal custody of the minor
at the time of the parent’s or parents’ death, and that was
admitted to probate under chapter 633.
3. In appointing a guardian for a minor, the court shall
give preference, if qualified and suitable, to a person
requested by a minor fourteen years of age or older.
Sec. 19. NEW SECTION . 232D.309 Emergency appointment of
temporary guardian.
1. A person authorized to file a petition under section
232D.301 may file a petition for the emergency appointment of a
temporary guardian for the minor.
2. The petition shall state all of the following:
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a. The name and address of the minor and the birthdate of
the minor.
b. The name and address of the living parents of the minor,
if known.
c. The name and address of any other person legally
responsible for the custody or care of the minor, if known.
d. The reason the emergency appointment of a temporary
guardian is sought.
3. The court may enter an ex parte order appointing a
temporary guardian for a minor on an emergency basis under this
section if the court finds that all of the following are met:
a. There is not sufficient time to file a petition and hold
a hearing pursuant to section 232D.301.
b. The appointment of temporary guardian is necessary to
avoid immediate or irreparable harm to the minor.
4. Notice of the emergency appointment of a temporary
guardian shall be provided to persons required to be listed in
the petition under subsection 2.
5. The parents of the minor and any other person legally
responsible for the custody or care of the minor may file a
written request for a hearing. Such hearing shall be held no
later than seven days after the filing of the written request.
6. The powers of the temporary guardian set forth in the ex
parte order shall be limited to those necessary to address the
emergency situation requiring the appointment of a temporary
guardian.
7. The ex parte order shall terminate within thirty days
after the order is issued.
Sec. 20. NEW SECTION . 232D.310 Appointment of a guardian
for a minor on a standby basis.
1. An adult person having physical and legal custody of
a minor may execute a verified petition for the appointment
of a guardian of the minor upon the express condition that
the petition shall be acted upon by the court only upon
the occurrence of an event specified or the existence of a
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described condition of the mental or physical health of the
petitioner, the occurrence of which event, or the existence of
which condition, shall be established in the manner directed
in the petition. The petition, in addition to containing
the information required in section 232D.301, shall include
a statement that the petitioner understands the result of a
guardian being appointed for the minor. An appointment of a
guardian for a minor shall only be effective until the minor
attains full age.
2. A standby petition may nominate a person for appointment
to serve as guardian as well as alternate guardians if the
nominated person is unable or unwilling or is removed as
guardian. The court in appointing the guardian shall appoint
the person or persons nominated by the petitioner unless the
person or persons are not qualified or for other good cause and
shall give due regard to other requests and recommendations
contained in the petition.
3. A standby petition may be deposited with the clerk of the
county in which the minor resides or with any person nominated
by the petitioner to serve as guardian.
4. A standby petition may be revoked by the petitioner
at any time before appointment of a guardian by the court,
provided that the petitioner is of sound mind at the time
of revocation. Revocation shall be accomplished by the
destruction of the petition by the petitioner, or by the
execution of an acknowledged instrument of revocation. If the
petition has been deposited with the clerk, the revocation may
likewise be deposited there.
5. If the standby petition has been deposited with the
clerk under the provisions of subsection 3 and has not been
revoked under the provisions of subsection 4, the petition may
be filed with the court upon the filing of a verified statement
to the effect that the occurrence of the event or the condition
provided for in the petition has occurred. If the petition
has not been deposited with the clerk under the provisions of
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subsection 3 and has not been revoked under the provisions
of subsection 4, then the petition shall be filed with the
court at the time a verified statement that the occurrence
of the event or the condition provided for in the petition
has occurred is filed with the court in the county where the
minor then resides. Upon filing of the petition and verified
statement, the person filing the verified statement shall
become the petitioner and the proceedings shall be thereafter
conducted as provided for in this chapter.
6. A standby petition for the appointment of a guardian for
a minor shall not supersede any contradictory provision in a
will admitted to probate of a parent, guardian, or custodian
having physical and legal custody of a minor in the event of
the parent’s, guardian’s, or custodian’s death.
Sec. 21. NEW SECTION . 232D.311 Appointment of guardian for
minor approaching majority on a standby basis.
Notwithstanding section 232D.103, any adult with an interest
in the welfare of a minor who is at least seventeen years and
six months of age may file a verified petition pursuant to
section 633.552 to initiate a proceeding to appoint a guardian
of the minor to take effect on the minor’s eighteenth birthday.
Sec. 22. NEW SECTION . 232D.401 Order appointing guardian
and powers of guardian.
1. The order by the court appointing a guardian for a minor
shall state the basis for the order.
2. The order by the court appointing a guardian for a minor
shall state whether the guardianship is a limited guardianship.
3. An order by the court appointing a guardian for a minor
shall state the powers granted to the guardian. Except as
otherwise limited by court order, the court may grant the
guardian the following powers, which may be exercised without
prior court approval:
a. Taking custody of the minor and establishing the minor’s
permanent residence if otherwise consistent with the terms of
any order of competent jurisdiction relating to the custody,
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placement, detention, or commitment of the minor within the
state.
b. Consenting to medical, dental, and other health care
treatment and services for the minor.
c. Providing or arranging for the provision of education
for the minor including but not limited to preschool education,
primary education and secondary education, special education
and related services, and vocational services.
d. Consenting to professional services for the minor to
ensure the safety and welfare of the minor.
e. Applying for and receiving funds and benefits payable for
the support of the minor.
f. Any other powers the court may specify.
4. The court may grant the guardian the following powers,
which shall only be exercised with prior court approval:
a. Consenting to the withholding or withdrawal of
life-sustaining procedures, as defined in section 144A.2, from
the minor, the performance of an abortion on the minor, or the
sterilization of the minor.
b. Establishing the residence of the minor outside of the
state.
c. Consenting to the marriage of the minor.
d. Consenting to the emancipation of the minor.
5. The guardian shall obtain prior court approval for denial
of all visitation, communication, or interaction between the
minor and the parents of the minor. The court shall approve
such denial of visitation, communication, or interaction
upon a showing by the guardian that significant physical or
emotional harm to the minor has resulted or is likely to result
to the minor from parental contact. The guardian may place
reasonable time, place, or manner restrictions on visitation,
communication, or interaction between the minor and the minor’s
parents without prior court approval.
Sec. 23. NEW SECTION . 232D.402 Duties and responsibilities
of guardian.
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1. A guardian is a fiduciary and shall act in the
best interest of the minor and exercise reasonable care,
diligence, and prudence in performing guardianship duties and
responsibilities. The fiduciary duties of a guardian for an
adult set forth in chapter 633 are applicable to a guardian
under this chapter.
2. Except as otherwise limited by the court, a guardian
has the duty and responsibility to ensure the minor’s health,
education, safety, welfare, and support.
3. A guardian with whom the minor is not living should
maintain regular contact with the minor.
4. A guardian should make reasonable efforts to facilitate
the continuation of the relationship of the minor and the
minor’s parents subject to section 232D.401, subsection 5.
5. A guardian shall file the reports with the court required
under section 232D.501.
6. A guardian shall promptly inform the court of any change
in the permanent residence of the minor and the minor’s new
address.
7. A guardian shall promptly inform the court of any change
in the minor’s school or school district.
Sec. 24. NEW SECTION . 232D.403 Guardian’s acceptance of
appointment and oath and issuance of letters of appointment.
The court shall issue letters of appointment to a guardian
upon the guardian’s acceptance of appointment and the
guardian’s subscription of an oath, or certification under
penalties of perjury, that the guardian will faithfully
discharge the duties imposed by law, according to the best of
the guardian’s ability.
Sec. 25. NEW SECTION . 232D.501 Reports of guardian.
1. A guardian appointed by the court under this chapter
shall file the following reports which shall not be waived by
the court:
a. A verified initial care plan filed within sixty days of
appointment. The information in the initial care plan shall
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include but not be limited to the following information:
(1) The minor’s current residence and guardian’s plan for
the minor’s living arrangements.
(2) The guardian’s plan for payment of the minor’s living
expenses and other expenses.
(3) The minor’s health status and the guardian’s plan for
meeting the minor’s health needs.
(4) The minor’s educational training and vocational needs
and the guardian’s plan for meeting the minor’s educational
training and vocational needs.
(5) The guardian’s plan for facilitating contacts of the
minor with the minor’s parents.
(6) The guardian’s plan for contact with and activities on
behalf of the minor.
b. A verified annual report filed within thirty days of
the close of the reporting period. The information in the
annual report shall include but not be limited to the following
information:
(1) The current residence and living arrangements of the
minor.
(2) The sources of the payment for the minor’s living
expenses and other expenses.
(3) The minor’s health status and health services provided
the minor.
(4) The minor’s mental, behavioral, or emotional problems,
if any, and professional services provided the minor for such
problems.
(5) The minor’s educational status and educational training
and vocational services provided the minor.
(6) The nature and extent of parental visits and
communication with the minor.
(7) The nature and extent of the guardian’s visits with and
activities on behalf of the minor.
(8) The need for continuation of guardianship.
(9) The ability of the guardian to continue as guardian.
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(10) The need of the guardian for assistance in providing or
arranging for the provision of care for the minor.
c. A final report filed within thirty days of the
termination of the guardianship under section 232D.503.
2. The judicial branch shall prescribe the forms for use by
the guardian in filing the reports required by this section.
3. The clerk of the court shall notify the guardian in
writing of the reporting requirements and shall provide
information and assistance to the guardian in filing the
reports.
4. Reports of the guardian shall be reviewed and approved
by the court.
Sec. 26. NEW SECTION . 232D.502 Removal of guardian ——
appointment of successor guardian.
1. The court may remove a guardian for a minor for failure
to perform guardianship duties or for other good cause shown.
2. The court shall conduct a hearing to determine whether
a guardian should be removed on the filing of a petition by
a minor under guardianship who is fourteen years of age or
older, the parent of a minor, or other person with an interest
in welfare of the minor if the court determines that there are
reasonable grounds for believing that removal is appropriate
based on the allegations stated in the petition.
3. The court may conduct a hearing to determine whether
the guardian should be removed on the receipt of a written
communication from a minor under guardianship who is fourteen
years of age or older, the parent of the minor, or other
person with an interest in welfare of the minor if the court
determines that a hearing would be in the best interest of the
minor.
4. The court may decline to hold a hearing under subsection
2 or 3 if the same or substantially similar facts were alleged
in a petition filed in the preceding six months or in a written
communication received in the preceding six months.
5. The court may appoint a successor guardian on the
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removal of a guardian pursuant to subsection 1, the death of a
guardian, or the resignation of a guardian.
Sec. 27. NEW SECTION . 232D.503 Termination and modification
of guardianships.
1. A guardianship shall terminate on the minor’s death,
adoption, emancipation, or attainment of majority.
2. The court shall terminate a guardianship established
pursuant to section 232D.203 if the court finds that the basis
for the guardianship set forth in section 232D.203 is not
currently satisfied unless the court finds that the termination
of the guardianship would be harmful to the minor and the
minor’s interest in continuation of the guardianship outweighs
the interest of a parent of the minor in the termination of the
guardianship.
3. The court shall terminate a guardianship established
pursuant to section 232D.204 if the court finds that the
basis for the guardianship set forth in section 232D.204
is not currently satisfied. A person seeking termination
of guardianship established pursuant to section 232D.204
has the burden of making a prima facie showing that the
guardianship should be terminated. If such a showing is made,
the guardian has the burden of going forward to prove by clear
and convincing evidence that the guardianship should not be
terminated.
4. The court shall modify the powers granted to the guardian
if the court finds such powers no longer meet the needs of the
minor or are not in the minor’s best interest.
5. The court may conduct a hearing to determine whether
termination or modification of a guardianship is appropriate
on the filing of a petition by a minor fourteen years of age or
older who is under guardianship, a guardian, or other person
with an interest in the welfare of the minor or on receipt of a
written communication from such persons.
Sec. 28. NEW SECTION . 232D.504 Rights and immunities of
a guardian.
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1. A guardian is not required to use the guardian’s personal
funds for the minor’s expenses. If a conservator has been
appointed for the estate of the minor, the guardian may request
and the conservator may approve and pay for the requested
reimbursement without prior court approval.
2. A guardian may submit a request, together with the
guardian’s annual report, for approval by the court of
reasonable compensation for services as guardian.
3. Notwithstanding section 137C.25B or any other provision
of law to the contrary, a guardian is not liable to a third
person for an act or omission of the minor solely by reason of
the guardianship.
Sec. 29. NEW SECTION . 232D.505 Expenses.
1. Except as otherwise provided by law, the court shall
inquire into the ability of the minor or the minor’s parent to
pay expenses incurred pursuant to the guardianship proceedings
established under this chapter. After giving the minor and
the parent a reasonable opportunity to be heard, the court
may order the minor or the parent to pay all or part of the
following:
a. Costs of legal expenses of the minor and the parent.
b. Expenses for a court visitor.
c. Filing fees and other court costs, unless the costs are
waived for good cause shown.
2. If the court finds a minor’s parents to be indigent, or
if the minor has no parent, costs shall be assessed against
the county in which the proceeding is pending. For purposes
of assessing costs under this subsection, the court shall find
a minor’s parents to be indigent if the minor’s or the parent’s
income and resources do not exceed one hundred fifty percent
of the federal poverty level, or the minor’s parent would be
unable to pay such costs without prejudicing the parent’s
ability to provide economic necessities for the parent or the
parent’s dependents.
DIVISION II
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CORRESPONDING CODE CHANGES
Sec. 30. Section 232.101A, Code 2019, is amended to read as
follows:
232.101A Transfer of guardianship to custodian.
1. After a dispositional hearing the court may enter an
order transferring guardianship of the child to a custodian
close the child in need of assistance case and appoint a
guardian pursuant to sections 232D.308 and 232D.401 if all of
the following conditions are met:
a. The person receiving guardianship meets the definition
of custodian in section 232.2 .
b. The person receiving guardianship has assumed
responsibility for the child prior to filing of the petition
under this division and has maintained placement of the child
since the filing of the petition under this division .
c. The parent of the child does not appear at the
dispositional hearing, or the parent appears at the
dispositional hearing, does not object to the transfer of
guardianship, and agrees to waive the requirement for making
reasonable efforts as defined in section 232.102 .
2. If the court transfers guardianship appoints a guardian
pursuant to subsection 1 , the court may close the child in
need of assistance case by transferring jurisdiction over the
child’s guardianship to the probate court . The court shall
inform the proposed guardian of the guardian’s reporting duties
under section 633.669 232D.501 and other duties under chapter
633 232D . Upon transferring jurisdiction, the The court shall
direct the probate clerk of court , once the proposed guardian
has filed an oath of office and identification in accordance
with section 602.6111 , to issue letters of appointment for
guardianship and docket the case in probate . Records contained
in the probate case file that were copied or transferred from
the juvenile court file concerning the case shall be subject to
section 232.147 and other confidentiality provisions of this
chapter for cases not involving juvenile delinquency.
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Sec. 31. Section 232.104, subsection 8, paragraph b, Code
2019, is amended to read as follows:
b. In lieu of the procedures specified in paragraph “a” ,
the court may close the child in need of assistance case by
transferring jurisdiction over the child’s guardianship to the
probate court and may appoint a guardian pursuant to chapter
232D . The court shall inform the proposed guardian of the
guardian’s reporting duties under section 633.669 and other
duties under the probate code. Upon transferring jurisdiction,
the court shall direct the probate clerk, once the proposed
guardian has filed an oath of office and identification
in accordance with section 602.6111 , to issue letters of
appointment for guardianship and docket the case in probate.
Records contained in the probate case file that were copied or
transferred from the juvenile court file concerning the case
shall be subject to section 232.147 and other confidentiality
provisions of this chapter for cases not involving juvenile
delinquency.
Sec. 32. Section 235A.15, subsection 2, paragraph d,
subparagraphs (1) and (2), Code 2019, are amended to read as
follows:
(1) To a juvenile court involved in an adjudication or
disposition of a child named in a report or a child that is the
subject of a guardianship proceeding under chapter 232D .
(2) To a district court upon a finding that data is
necessary for the resolution of an issue arising in any phase
of a case involving child abuse or guardianship proceedings for
a child under chapter 232D .
Sec. 33. Section 235B.6, subsection 2, paragraph d, Code
2019, is amended by adding the following new subparagraphs:
NEW SUBPARAGRAPH . (5) To a juvenile court involved in an
adjudication or disposition of a child that is the subject of a
guardianship proceeding under chapter 232D.
NEW SUBPARAGRAPH . (6) To a district court upon a finding
that data is necessary for the resolution of an issue arising
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in any phase of a case involving proceedings for a child
guardianship under chapter 232D.
Sec. 34. Section 602.7101, subsection 1, Code 2019, is
amended to read as follows:
1. A juvenile court is established in each county. The
juvenile court is within the district court and has the
jurisdiction provided in chapter chapters 232 and 232D .
Sec. 35. Section 602.8102, subsection 42, Code 2019, is
amended to read as follows:
42. Serve as clerk of the juvenile court and carry out
duties as provided in chapter chapters 232 and 232D and article
7 of this chapter .
Sec. 36. Section 633.10, subsection 3, Code 2019, is amended
to read as follows:
3. Conservatorships and guardianships.
a. The Except as provided for in paragraph “b” , the
appointment of conservators and guardians; the granting
of letters of conservatorship and guardianship; the
administration, settlement and closing of conservatorships and
guardianships.
b. Beginning the effective date of this Act, minor
guardianships are under the exclusive jurisdiction of the
juvenile court pursuant to, and except as limited by, chapter
232D.
Sec. 37. Section 633.552, subsection 2, Code 2019, is
amended to read as follows:
2. That the proposed ward is in either of the following
categories:
a. Is a person whose decision-making capacity is so
impaired that the person is unable to care for the person’s
personal safety or to attend to or provide for necessities for
the person such as food, shelter, clothing, or medical care,
without which physical injury or illness might occur.
b. Is a minor.
Sec. 38. Section 633.554, subsection 2, Code 2019, is
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amended to read as follows:
2. a. If the proposed ward is a minor or if the
proposed ward is an adult under a standby petition and the
court determines, pursuant to section 633.561, subsection
1 , paragraph “b” , that the proposed ward is entitled to
representation, notice in the manner of original notice, or
another form of notice ordered by the court, given to the
attorney appointed to represent the ward is notice to the
proposed ward.
b. Notice shall also be served upon :
(1) The parents of the proposed ward, if the proposed ward
is a minor.
(2) The the spouse of the proposed ward , if the proposed
ward is an adult. If the proposed ward has no spouse, notice
shall be served upon the proposed ward’s adult children, if
any.
Sec. 39. Section 633.557, subsection 1, Code 2019, is
amended to read as follows:
1. A guardian may also be appointed by the court upon the
verified petition of the proposed ward, without further notice,
if the proposed ward is other than a minor under the age of
fourteen years, provided the court determines that such an
appointment will inure to the best interest of the applicant.
However, if an involuntary petition is pending, the court shall
be governed by section 633.634 . The petition shall provide
the proposed ward notice of a guardian’s powers as provided in
section 633.562 .
Sec. 40. Section 633.561, subsection 1, paragraph b, Code
2019, is amended to read as follows:
b. If the proposed ward is either a minor or an adult under
a standby petition, the court shall determine whether, under
the circumstances of the case, the proposed ward is entitled
to representation. The determination regarding representation
may be made with or without notice to the proposed ward, as
the court deems necessary. If the court determines that the
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proposed ward is entitled to representation, the court shall
appoint an attorney to represent the proposed ward. After
making the determination regarding representation, the court
shall set a hearing on the petition, and provide for notice on
the determination regarding representation and the date for
hearing.
Sec. 41. Section 633.635, subsection 5, Code 2019, is
amended to read as follows:
5. From time to time, upon a proper showing, the court may
modify the respective responsibilities of the guardian and
the ward, after notice to the ward and an opportunity to be
heard. Any modification that would be more restrictive or
burdensome for the ward shall be based on clear and convincing
evidence that the ward continues to fall within the categories
of section 633.552, subsection 2 , paragraph “a” or “b” , and
that the facts justify a modification of the guardianship.
Section 633.551 applies to the modification proceedings. Any
modification that would be less restrictive for the ward shall
be based upon proof in accordance with the requirements of
section 633.675 .
Sec. 42. Section 633.675, subsection 2, Code 2019, is
amended by striking the subsection.
Sec. 43. Section 633.679, subsection 2, Code 2019, is
amended by striking the subsection.
Sec. 44. REPEAL. Section 633.559, Code 2019, is repealed.
Sec. 45. EFFECTIVE DATE. This Act takes effect January 1,
2020.
Sec. 46. APPLICABILITY. This Act applies to guardianships
and guardianship proceedings of minors established or pending
before, on, or after January 1, 2020.
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