Bill Text: IA HF834 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the creation, administration, and termination of minor guardianships.(Formerly HSB 14.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-15 - Referred to Judiciary. H.J. 965. [HF834 Detail]
Download: Iowa-2021-HF834-Introduced.html
House
File
834
-
Introduced
HOUSE
FILE
834
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
14)
A
BILL
FOR
An
Act
relating
to
the
creation,
administration,
and
1
termination
of
minor
guardianships.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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834
Section
1.
Section
232.3,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
During
the
pendency
of
an
action
under
this
chapter
,
a
3
party
to
the
action
is
estopped
from
litigating
concurrently
4
the
custody,
guardianship,
or
placement
of
a
child
who
is
the
5
subject
of
the
action,
in
a
court
other
than
the
juvenile
court
6
with
jurisdiction
of
the
pending
action
under
this
chapter
.
A
7
district
judge,
district
associate
judge,
juvenile
court
judge,
8
magistrate,
or
judicial
hospitalization
referee,
upon
notice
9
of
the
pendency
of
an
action
under
this
chapter
,
shall
not
10
issue
an
order,
finding,
or
decision
relating
to
the
custody,
11
guardianship,
or
placement
of
the
child
who
is
the
subject
of
12
the
action,
under
any
law,
including
but
not
limited
to
chapter
13
232D,
598,
or
598B
,
or
633
.
14
Sec.
2.
Section
232.3,
Code
2021,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
3.
An
action
which
is
pending
under
chapter
17
232D
prior
to
an
action
being
brought
under
this
chapter
shall
18
be
stayed
by
the
court
in
the
chapter
232D
action
unless
the
19
court
follows
the
procedures
in
subsection
2
and
authorizes
a
20
party
to
the
action
to
litigate
a
specific
issue
under
this
21
chapter.
22
Sec.
3.
Section
232D.103,
Code
2021,
is
amended
to
read
as
23
follows:
24
232D.103
Jurisdiction.
25
The
juvenile
court
has
exclusive
jurisdiction
in
a
26
guardianship
proceeding
concerning
a
minor
who
is
alleged
to
be
27
in
need
of
a
guardianship
and
guardianships
of
minors
.
28
Sec.
4.
NEW
SECTION
.
232D.107
Confidentiality.
29
Official
juvenile
court
records
in
guardianship
proceedings
30
shall
be
confidential
and
are
not
public
records.
Confidential
31
records
may
be
inspected
and
their
contents
shall
be
disclosed
32
to
the
following
without
court
order,
provided
that
a
person
33
who
inspects
or
receives
a
confidential
record
under
this
34
section
shall
not
disclose
the
confidential
record
or
its
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contents
unless
required
by
law:
1
1.
The
judge
and
professional
court
staff.
2
2.
The
minor
and
the
minor’s
counsel.
3
3.
The
minor’s
parent,
guardian
or
custodian,
court
4
visitor,
and
any
counsel
representing
such
person.
5
Sec.
5.
Section
232D.301,
subsection
2,
paragraph
d,
6
subparagraph
(3),
Code
2021,
is
amended
to
read
as
follows:
7
(3)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
8
with
whom
the
minor
has
lived
for
at
least
any
time
during
the
9
six
months
prior
to
immediately
preceding
the
filing
of
the
10
petition.
11
Sec.
6.
Section
232D.301,
subsection
4,
Code
2021,
is
12
amended
to
read
as
follows:
13
4.
The
petition
shall
state
whether
a
limited
guardianship
14
is
appropriate
and
whether
a
conservatorship
for
the
minor
is
15
already
in
existence
.
16
Sec.
7.
Section
232D.302,
subsection
2,
Code
2021,
is
17
amended
to
read
as
follows:
18
2.
Notice
shall
be
served
upon
the
minor’s
known
parents
19
listed
in
the
petition
in
accordance
with
the
rules
of
civil
20
procedure.
If
the
parent
has
not
filed
a
consent
to
the
21
appointment
of
a
guardian,
the
notice
shall
inform
any
parent
22
named
in
the
petition
that
the
parent
may
be
entitled
to
23
representation
under
the
conditions
described
in
section
24
232D.304.
25
Sec.
8.
Section
232D.305,
subsection
1,
Code
2021,
is
26
amended
to
read
as
follows:
27
1.
The
court
may
appoint
a
court
visitor
for
the
minor.
If
28
the
court
appoints
a
court
visitor,
the
court
shall
not
appoint
29
a
guardian
ad
litem
under
the
rules
of
civil
procedure.
A
30
person
is
qualified
to
serve
as
a
court
visitor
if
the
court
31
determines
the
person
has
demonstrated
sufficient
knowledge
of
32
guardianships
to
adequately
perform
the
duties
in
subsection
3.
33
Sec.
9.
Section
232D.305,
subsection
3,
paragraph
b,
Code
34
2021,
is
amended
to
read
as
follows:
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b.
Explaining
Providing
to
the
minor,
if
the
minor’s
age
1
is
appropriate,
the
substance
of
the
petition,
the
purpose
and
2
effect
of
the
guardianship
proceeding,
information
regarding
3
the
rights
of
the
minor
at
the
hearing,
and
the
general
powers
4
and
duties
of
a
guardian.
5
Sec.
10.
Section
232D.305,
Code
2021,
is
amended
by
adding
6
the
following
new
subsection:
7
NEW
SUBSECTION
.
6.
The
court
may
order
a
court
visitor
to
8
continue
to
serve
if
the
court
determines
continued
service
9
would
be
in
the
best
interest
of
the
minor.
If
the
court
10
continues
the
service
of
the
court
visitor,
the
court
may
limit
11
the
direct
duties
of
the
court
visitor
as
the
court
deems
12
necessary,
in
which
case
the
court
visitor
shall
thereafter
13
continue
to
serve
until
discharged
by
the
court.
In
the
14
event
the
court
does
not
order
the
court
visitor
to
continue,
15
the
order
appointing
the
guardian
shall
discharge
the
court
16
visitor.
17
Sec.
11.
Section
232D.306,
Code
2021,
is
amended
by
adding
18
the
following
new
subsection:
19
NEW
SUBSECTION
.
4.
A
hearing
on
the
petition
may
be
20
recorded
if
a
court
reporter
is
not
used.
21
Sec.
12.
Section
232D.307,
subsections
1
and
2,
Code
2021,
22
are
amended
to
read
as
follows:
23
1.
The
court
shall
request
criminal
record
checks
and
checks
24
of
the
child
abuse,
dependent
adult
abuse,
and
sex
offender
25
registries
in
this
state
for
all
proposed
guardians
other
than
26
financial
institutions
with
Iowa
trust
powers
unless
a
proposed
27
guardian
has
undergone
the
required
background
checks
in
this
28
section
within
the
twelve
six
months
prior
to
the
filing
of
29
a
petition
and
the
background
check
has
been
provided
to
the
30
court
.
31
2.
The
court
shall
review
the
results
of
background
checks
32
in
determining
the
suitability
of
a
proposed
guardian
for
33
appointment
,
and
may,
for
good
cause
shown,
share
the
results
34
of
background
checks
with
the
proposed
guardian’s
attorney,
the
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minor’s
attorney,
and
the
proposed
guardian
.
1
Sec.
13.
Section
232D.401,
subsections
1
and
3,
Code
2021,
2
are
amended
to
read
as
follows:
3
1.
The
order
by
the
court
appointing
a
guardian
for
a
minor
4
shall
state
the
basis
for
the
order
and
the
date
on
which
the
5
first
reporting
period
for
the
guardianship
will
end
.
6
3.
An
order
by
the
court
appointing
a
guardian
for
a
minor
7
shall
state
the
powers
granted
to
the
guardian.
Except
as
8
otherwise
limited
by
court
order,
the
The
court
may
grant
the
9
guardian
the
following
powers,
which
may
be
exercised
without
10
prior
further
court
approval:
11
a.
Taking
custody
of
the
minor
and
establishing
the
minor’s
12
permanent
residence
if
otherwise
consistent
with
the
terms
of
13
any
order
of
competent
jurisdiction
relating
to
the
custody,
14
placement,
detention,
or
commitment
of
the
minor
within
the
15
state.
16
b.
Consenting
to
medical,
dental,
and
other
health
care
17
treatment
and
services
for
the
minor.
18
c.
Providing
or
arranging
for
the
provision
of
education
19
for
the
minor
including
but
not
limited
to
preschool
education,
20
primary
education
and
secondary
education,
special
education
21
and
related
services,
and
vocational
services.
22
d.
Consenting
to
professional
services
for
the
minor
to
23
ensure
the
safety
and
welfare
of
the
minor.
24
e.
Applying
for
and
receiving
funds
and
benefits
payable
25
for
the
support
of
the
minor
if
the
minor
does
not
have
a
26
conservator
.
If
the
minor
has
a
conservator,
the
guardian
27
shall
notify
the
conservator
prior
to
applying
for
funds
or
28
benefits
for
the
support
of
the
minor.
29
f.
Any
other
powers
the
court
may
specify.
30
Sec.
14.
Section
232D.501,
subsection
1,
paragraph
a,
Code
31
2021,
is
amended
by
adding
the
following
new
subparagraph:
32
NEW
SUBPARAGRAPH
.
(2A)
The
guardian’s
plan,
if
any,
for
33
applying
for
and
receiving
funds
and
benefits
payable
for
the
34
support
of
the
minor.
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Sec.
15.
Section
232D.501,
subsection
1,
paragraph
b,
Code
1
2021,
is
amended
by
adding
the
following
new
subparagraphs:
2
NEW
SUBPARAGRAPH
.
(11)
The
results
of
the
guardian’s
3
efforts
to
apply
for
funds
or
benefits
for
the
minor
and
4
an
accounting
for
the
use
of
such
funds
or
benefits
by
the
5
guardian.
6
NEW
SUBPARAGRAPH
.
(12)
Any
other
information
the
guardian
7
deems
necessary
for
the
court
to
consider.
8
Sec.
16.
Section
232D.501,
subsections
2
and
4,
Code
2021,
9
are
amended
to
read
as
follows:
10
2.
The
judicial
branch
shall
prescribe
create
the
forms
for
11
use
which
may
be
used
by
the
guardian
in
filing
the
reports
12
required
by
this
section
.
13
4.
Reports
All
of
the
reports
of
the
guardian
shall
be
14
reviewed
and
approved
by
the
court.
15
Sec.
17.
Section
232D.501,
Code
2021,
is
amended
by
adding
16
the
following
new
subsections:
17
NEW
SUBSECTION
.
5.
A
copy
of
the
verified
initial
care
18
plan,
if
amended,
and
the
verified
annual
report
shall
be
19
served,
annually,
on
the
protected
person,
the
protected
20
person’s
attorney,
if
any,
and
court
visitor,
if
any.
21
NEW
SUBSECTION
.
6.
The
court,
for
good
cause,
may
extend
22
the
deadline
for
filing
required
reports.
Required
reports
of
23
a
guardian
which
are
not
timely
filed
and
which
are
delinquent,
24
and
for
which
no
extension
for
filing
has
been
granted
by
the
25
court,
shall
be
administered
in
the
same
manner
as
provided
in
26
section
633.65.
27
Sec.
18.
Section
232D.503,
Code
2021,
is
amended
by
adding
28
the
following
new
subsection:
29
NEW
SUBSECTION
.
6.
If
the
court
orders
termination
of
a
30
guardianship
established
under
this
chapter
and
the
guardian
31
has
custody
of
the
minor’s
assets,
the
court
shall
order
32
delivery
of
the
minor’s
assets
to
the
minor
or
a
fiduciary
33
acting
under
one
or
more
of
the
following
accounts:
34
a.
A
conservatorship
established
for
the
minor
pursuant
to
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chapter
633
or
other
state
law.
1
b.
A
uniform
transfers
to
minors
Act
account
established
for
2
the
minor
pursuant
to
chapter
565B
or
other
state
law.
3
c.
A
college
savings
Iowa
plan
account
established
for
the
4
minor
pursuant
to
Internal
Revenue
Code
section
529
or
chapter
5
12D.
6
d.
An
ABLE
account
established
for
the
minor
with
7
disabilities
pursuant
to
Internal
Revenue
Code
section
529A
or
8
chapter
12I.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
creation,
administration,
and
13
termination
of
minor
guardianships.
14
The
bill
provides
that
an
action
which
is
pending
under
15
Code
chapter
232D
(minor
guardianships)
prior
to
an
action
16
being
brought
under
Code
chapter
232
(juvenile
justice)
must
be
17
stayed
by
the
court
in
the
Code
chapter
232D
action
unless
the
18
court
authorizes
a
party
to
the
action
to
litigate
a
specific
19
issue
under
Code
chapter
232.
20
Under
current
law,
the
juvenile
court
has
exclusive
21
jurisdiction
of
guardianship
proceedings.
The
bill
provides
22
that
the
juvenile
court
also
has
exclusive
jurisdiction
over
23
guardianships
of
minors.
24
The
bill
creates
a
new
Code
section
that
makes
official
25
juvenile
court
records
in
guardianships
confidential
and
not
26
public
records.
The
following
people
are
authorized
to
request
27
the
records
without
court
order:
the
judge
and
professional
28
court
staff,
the
minor
and
the
minor’s
counsel,
the
minor’s
29
parent,
guardian,
or
custodian,
court
visitor,
and
any
counsel
30
representing
such
person,
so
long
as
they
do
not
disclose
the
31
confidential
record
or
contents
unless
required
by
law.
32
Under
current
law,
the
petition
for
minor
and
adult
33
guardianships
includes
the
name
and
address
of
any
adult
34
who
has
had
the
primary
care
of
the
minor
or
with
whom
the
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protected
person
has
lived
for
at
least
six
months
prior
to
the
1
filing
of
the
petition.
The
bill
requires
the
name
and
address
2
of
any
adult
who
has
had
the
primary
care
of
the
protected
3
person
or
with
whom
the
protected
person
had
lived
with
at
any
4
time
during
the
six
months
prior
to
the
filing
of
the
petition.
5
The
bill
provides
that
in
addition
to
stating
in
the
6
guardianship
for
the
minor
petition
why
a
limited
guardianship
7
is
appropriate,
the
petition
must
also
state
whether
a
8
conservatorship
for
the
minor
is
already
in
place.
9
The
bill
provides
that
notice
of
a
filed
petition
for
10
guardianship
shall
inform
parents,
who
have
not
filed
a
11
consent
to
the
appointment
of
a
guardian
with
the
court
that
12
the
parents
may
be
entitled
to
an
attorney
under
current
Code
13
section
232D.304.
14
The
bill
provides
the
qualifications
and
term
of
service
15
of
a
court
visitor
for
the
minor
and
that
the
court
shall
not
16
appoint
a
guardian
ad
litem
if
a
court
visitor
is
appointed.
17
The
bill
provides
that
a
hearing
on
petition
for
18
guardianship
may
be
recorded
if
a
court
reporter
is
not
used.
19
The
bill
provides
that
results
of
background
checks
of
20
the
proposed
guardian
in
the
6
months
prior
to
filing
of
the
21
petition
may
be
used;
current
law
permits
the
use
of
background
22
checks
within
the
prior
12
months.
Results
of
the
background
23
checks
may
be
shared
with
good
cause
to
the
proposed
guardian.
24
The
bill
provides
that
the
order
appointing
a
guardian
for
a
25
minor
shall
state
the
date
that
the
first
reporting
period
for
26
the
guardianship
will
end.
27
The
bill
provides
that
the
initial
care
plan
shall
include
28
the
guardian’s
plan
for
funds
and
benefits
payable
for
the
29
support
of
the
minor
and
the
verified
annual
report
shall
30
include
the
results
of
the
guardian’s
efforts
to
receive
31
funds
or
benefits
and
the
account
for
the
use
of
the
funds
or
32
benefits.
33
The
bill
provides
that
upon
termination
of
guardianship
34
in
which
the
guardian
has
custody
of
the
minor’s
assets,
the
35
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assets
must
be
returned
to
the
minor
or
a
fiduciary
for
the
1
minor
for
any
of
the
following
accounts:
a
conservatorship
2
established
for
the
minor
under
Code
chapter
633,
a
uniform
3
transfer
to
minors
Act
account,
an
educational
savings
plan
4
trust
account,
or
an
ABLE
savings
plan
trust
account.
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