Bill Text: IA HSB579 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to guardianships and conservatorships of minors.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-18 - Committee report, recommending amendment and passage. H.J. 298. [HSB579 Detail]
Download: Iowa-2019-HSB579-Introduced.html
House
Study
Bill
579
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
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.
Section
232D.301,
subsection
2,
paragraph
d,
13
subparagraph
(3),
Code
2020,
is
amended
to
read
as
follows:
14
(3)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
15
with
whom
the
minor
has
lived
for
at
least
six
months
prior
to
16
immediately
preceding
the
filing
of
the
petition.
17
Sec.
4.
Section
232D.301,
subsection
4,
Code
2020,
is
18
amended
to
read
as
follows:
19
4.
The
petition
shall
state
whether
a
limited
guardianship
20
is
appropriate
,
and
whether
a
conservatorship
for
the
minor
is
21
needed
or
already
in
existence
.
22
Sec.
5.
Section
232D.302,
subsection
2,
Code
2020,
is
23
amended
to
read
as
follows:
24
2.
Notice
shall
be
served
upon
the
minor’s
known
parents
25
listed
in
the
petition
in
accordance
with
the
rules
of
civil
26
procedure.
If
the
parent
has
not
filed
a
consent
to
the
27
appointment
of
a
guardian,
the
notice
shall
inform
any
parent
28
named
in
the
petition
that
the
parent
may
be
entitled
to
29
representation
under
the
conditions
described
in
section
30
232D.304.
31
Sec.
6.
Section
232D.305,
subsection
1,
Code
2020,
is
32
amended
to
read
as
follows:
33
1.
The
court
may
appoint
a
court
visitor
for
the
minor.
A
34
person
is
qualified
to
serve
as
a
court
visitor
if
the
person
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has
demonstrated
sufficient
knowledge
of
guardianships
to
1
adequately
perform
the
duties
in
subsection
3.
2
Sec.
7.
Section
232D.401,
subsections
1
and
2,
Code
2020,
3
are
amended
to
read
as
follows:
4
1.
The
order
by
the
court
appointing
a
guardian
for
a
minor
5
shall
state
the
basis
for
the
order
and
the
date
on
which
the
6
first
reporting
period
for
the
guardianship
will
end
.
7
2.
The
order
by
the
court
appointing
a
guardian
for
a
minor
8
shall
state
whether
the
guardianship
is
a
limited
guardianship
9
and
whether
a
conservator
for
the
minor
exists
or
a
petition
10
for
a
conservatorship
has
been
filed
.
11
Sec.
8.
Section
232D.401,
subsection
3,
unnumbered
12
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
13
An
order
by
the
court
appointing
a
guardian
for
a
minor
shall
14
state
the
powers
granted
to
the
guardian.
Except
as
otherwise
15
limited
by
court
order,
the
court
may
grant
the
guardian
the
16
following
powers
,
which
may
be
exercised
without
prior
court
17
approval
:
18
Sec.
9.
Section
232D.401,
subsection
3,
paragraph
e,
Code
19
2020,
is
amended
to
read
as
follows:
20
e.
Applying
for
and
receiving
funds
and
benefits
payable
21
for
the
support
of
the
minor
if
the
minor
does
not
have
a
22
conservator.
If
the
minor
has
a
conservator,
the
guardian
23
shall
notify
the
conservator
at
least
ten
days
before
applying
24
for
funds
or
benefits
for
the
support
of
the
minor
.
25
Sec.
10.
Section
232D.501,
subsection
1,
paragraph
a,
Code
26
2020,
is
amended
by
adding
the
following
new
subparagraph:
27
NEW
SUBPARAGRAPH
.
(2A)
The
guardian’s
plan,
if
any,
for
28
applying
for
and
receiving
funds
and
benefits
payable
for
the
29
support
of
the
minor.
30
Sec.
11.
Section
232D.501,
subsection
1,
paragraph
b,
Code
31
2020,
is
amended
by
adding
the
following
new
subparagraph:
32
NEW
SUBPARAGRAPH
.
(11)
The
results
of
the
guardian’s
33
efforts
to
apply
for
funds
or
benefits
for
the
minor,
and
34
an
accounting
for
the
use
of
such
funds
or
benefits
by
the
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guardian.
1
Sec.
12.
Section
232D.501,
subsection
4,
Code
2020,
is
2
amended
to
read
as
follows:
3
4.
Reports
of
the
guardian
shall
be
reviewed
and
approved
4
by
the
court.
If
the
total
value
of
funds
or
benefits
retained
5
by
the
guardian
for
the
minor’s
benefit
exceeds
the
amount
6
specified
in
section
633.555,
the
court
shall
determine
whether
7
a
conservatorship
is
appropriate
for
the
minor.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
guardianships
and
conservatorships
of
12
minors.
13
Under
current
law,
the
juvenile
court
has
exclusive
14
jurisdiction
of
guardianship
proceedings.
The
bill
provides
15
that
the
juvenile
court
also
has
exclusive
jurisdiction
over
16
guardianships
of
minors.
17
The
bill
changes
a
Code
reference
for
a
petition
to
appoint
a
18
conservator
for
a
minor.
19
The
bill
provides
that
a
petition
for
a
minor
guardianship
20
must
state
whether
a
minor
needs
or
currently
has
a
21
conservatorship.
22
The
bill
describes
who
is
qualified
to
serve
as
a
court
23
visitor
for
a
minor.
24
The
bill
adds
additional
report
requirements
for
cases
where
25
a
minor
has
a
conservatorship,
requires
the
guardian
to
report
26
to
the
district
court
in
the
case
of
minor
conservatorships,
27
and
requires
that
the
reporting
period
be
listed
on
the
report.
28
The
bill
provides
that
notice
of
a
guardianship
proceeding
29
must
be
given
to
any
adult
with
whom
the
minor
has
lived
for
the
30
six
months
immediately
preceding
the
filing
of
the
petition.
31
The
bill
further
provides
that
if
a
minor’s
known
parents
32
have
not
consented
to
the
appointment
of
a
guardian,
the
notice
33
of
the
filing
of
a
guardianship
petition
shall
inform
the
known
34
parents
that
they
are
entitled
to
representation
if
they
meet
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the
conditions
in
Code
section
232D.304.
1
The
bill
strikes
a
reference
to
“without
prior
court
2
approval”
in
a
Code
section
listing
powers
a
court
may
grant
3
to
a
guardian.
4
The
bill
also
directs
that
the
initial
verified
care
plan
5
must
include
the
guardian’s
plan
for
applying
and
receiving
6
funds
and
benefits
for
the
support
of
the
minor.
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