House
Study
Bill
571
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
transfer
of
guardianship
in
child
in
need
of
1
assistance
proceedings.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
NEW
SECTION
.
232.101A
Transfer
of
guardianship
1
to
custodian.
2
1.
After
a
dispositional
hearing
the
court
may
enter
an
3
order
transferring
guardianship
of
the
child
to
a
custodian
if
4
all
of
the
following
conditions
are
met:
5
a.
The
person
receiving
guardianship
meets
the
definition
6
of
custodian
in
section
232.2.
7
b.
The
person
receiving
guardianship
has
assumed
8
responsibility
for
the
child
for
at
least
the
six
consecutive
9
months
prior
to
filing
of
the
petition
under
this
division
and
10
has
maintained
placement
of
the
child
since
the
filing
of
the
11
petition
under
this
division.
12
c.
The
parent
of
the
child
does
not
appear
at
the
13
dispositional
hearing,
or
the
parent
appears
at
the
14
dispositional
hearing,
does
not
object
to
the
transfer
of
15
guardianship,
and
agrees
to
waive
the
requirement
for
making
16
reasonable
efforts
as
defined
in
section
232.102.
17
2.
If
the
court
transfers
guardianship
pursuant
to
18
subsection
1,
the
court
may
close
the
child
in
need
of
19
assistance
case
by
transferring
jurisdiction
over
the
child’s
20
guardianship
to
the
probate
court.
The
court
shall
inform
the
21
proposed
guardian
of
the
guardian’s
reporting
duties
under
22
section
633.669
and
other
duties
under
chapter
633.
Upon
23
transferring
jurisdiction,
the
court
shall
direct
the
probate
24
clerk,
once
the
proposed
guardian
has
filed
an
oath
of
office
25
and
identification
in
accordance
with
section
602.6111,
to
26
issue
letters
of
appointment
for
guardianship
and
docket
the
27
case
in
probate.
Records
contained
in
the
probate
case
file
28
that
were
copied
or
transferred
from
the
juvenile
court
file
29
concerning
the
case
shall
be
subject
to
section
232.147
and
30
other
confidentiality
provisions
of
this
chapter
for
cases
not
31
involving
juvenile
delinquency.
32
Sec.
2.
Section
633.675,
subsection
2,
Code
2014,
is
amended
33
to
read
as
follows:
34
2.
Notwithstanding
subsection
1,
paragraphs
“a”
through
35
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“d”
,
if
the
court
appointed
a
guardian
for
a
minor
child
for
1
whom
the
court’s
jurisdiction
over
the
child’s
guardianship
2
was
established
pursuant
to
transfer
of
the
child’s
case
in
3
accordance
with
section
232.101A
or
232.104
,
the
court
shall
4
not
enter
an
order
terminating
the
guardianship
before
the
5
child
becomes
age
eighteen
unless
the
court
finds
by
clear
6
and
convincing
evidence
that
the
best
interests
of
the
child
7
warrant
a
return
of
custody
to
the
child’s
parent.
8
Sec.
3.
Section
633.679,
subsection
2,
Code
2014,
is
amended
9
to
read
as
follows:
10
2.
Unless
the
child
or
guardian
dies
or
other
exceptional
11
circumstances
arise,
if
the
court
has
appointed
a
guardian
12
for
a
minor
child
for
whom
the
court’s
jurisdiction
over
the
13
child’s
guardianship
was
established
pursuant
to
transfer
14
of
the
child’s
case
in
accordance
with
section
232.101A
15
or
232.104
,
a
petition
shall
not
be
filed
asking
that
the
16
guardianship
be
terminated
or
modified
until
at
least
six
17
months
has
elapsed
from
the
date
the
order
was
entered
18
appointing
the
guardian.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
transfer
of
guardianship
in
child
in
23
need
of
assistance
proceedings.
Currently,
a
court
must
enter
24
the
least
restrictive
disposition
that
is
appropriate
following
25
a
hearing
on
the
child
in
need
of
assistance
petition.
These
26
dispositions
include
a
suspended
judgment,
the
retention
of
27
custody
by
a
parent,
and
the
transfer
of
legal
custody
of
the
28
child.
The
bill
adds
another
disposition:
the
transfer
of
29
guardianship
of
the
child.
The
bill
allows
the
transfer
of
30
guardianship
of
a
child
to
a
custodian
after
the
dispositional
31
hearing
if
the
person
receiving
guardianship
meets
the
32
statutory
definition
of
a
custodian,
the
person
receiving
33
guardianship
has
assumed
responsibility
for
the
child
for
six
34
consecutive
months
prior
to
the
filing
of
the
child
in
need
35
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of
assistance
petition
and
has
maintained
responsibility
for
1
the
child
after
the
filing
of
the
petition,
and
the
parent
of
2
the
child
either
does
not
appear
at
the
dispositional
hearing
3
or
the
parent
appears
and
does
not
object
to
the
transfer
of
4
guardianship
and
agrees
to
waive
the
requirement
for
making
5
reasonable
efforts
to
prevent
or
eliminate
the
need
for
removal
6
of
the
child
from
the
child’s
home.
7
The
bill
also
states
that
if
the
court
transfers
8
guardianship
pursuant
to
the
bill,
the
court
may
close
the
9
child
in
need
of
assistance
case
by
transferring
the
case
to
10
probate
court.
The
court
has
the
responsibility
to
inform
the
11
guardian
of
the
statutory
reporting
requirements
and
other
12
duties
of
the
guardianship.
13
The
bill
makes
conforming
changes.
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