Senate File 31 - Introduced
SENATE FILE 31
BY DAWSON
A BILL FOR
1 An Act relating to the opening, administration, and termination
2 of adult and minor guardianships and conservatorships.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 MINOR GUARDIANSHIPS
3 Section 1. Section 232.3, subsection 1, Code 2021, is
4 amended to read as follows:
5 1. During the pendency of an action under this chapter, a
6 party to the action is estopped from litigating concurrently
7 the custody, guardianship, or placement of a child who is the
8 subject of the action, in a court other than the juvenile court
9 with jurisdiction of the pending action under this chapter. A
10 district judge, district associate judge, juvenile court judge,
11 magistrate, or judicial hospitalization referee, upon notice
12 of the pendency of an action under this chapter, shall not
13 issue an order, finding, or decision relating to the custody,
14 guardianship, or placement of the child who is the subject of
15 the action, under any law, including but not limited to chapter
16 232D, 598, or 598B, or 633.
17 Sec. 2. Section 232.3, Code 2021, is amended by adding the
18 following new subsection:
19 NEW SUBSECTION. 3. An action which is pending under chapter
20 232D prior to an action being brought under this chapter shall
21 be stayed by the court in the chapter 232D action unless the
22 court follows the procedures in subsection 2 and authorizes a
23 party to the action to litigate a specific issue under this
24 chapter.
25 Sec. 3. Section 232D.103, Code 2021, is amended to read as
26 follows:
27 232D.103 Jurisdiction.
28 The juvenile court has exclusive jurisdiction in a
29 guardianship proceeding concerning a minor who is alleged to be
30 in need of a guardianship and guardianships of minors.
31 Sec. 4. NEW SECTION. 232D.107 Confidentiality.
32 Official juvenile court records in guardianship proceedings
33 shall be confidential and are not public records. Confidential
34 records may be inspected and their contents shall be disclosed
35 to the following without court order, provided that a person
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1 or entity who inspects or receives a confidential record under
2 this section shall not disclose the confidential record or its
3 contents unless required by law:
4 1. The judge and professional court staff.
5 2. The minor and the minor’s counsel.
6 3. The minor’s parent, guardian or custodian, court
7 visitor, and any counsel representing such person.
8 Sec. 5. Section 232D.301, subsection 2, paragraph d,
9 subparagraph (3), Code 2021, is amended to read as follows:
10 (3) Any adult who has had the primary care of the minor or
11 with whom the minor has lived for at least any time during the
12 six months prior to immediately preceding the filing of the
13 petition.
14 Sec. 6. Section 232D.301, subsection 4, Code 2021, is
15 amended to read as follows:
16 4. The petition shall state whether a limited guardianship
17 is appropriate, and whether a conservatorship for the minor is
18 already in existence.
19 Sec. 7. Section 232D.302, subsection 2, Code 2021, is
20 amended to read as follows:
21 2. Notice shall be served upon the minor’s known parents
22 listed in the petition in accordance with the rules of civil
23 procedure. If the parent has not filed a consent to the
24 appointment of a guardian, the notice shall inform any parent
25 named in the petition that the parent may be entitled to
26 representation under the conditions described in section
27 232D.304.
28 Sec. 8. Section 232D.305, subsection 1, Code 2021, is
29 amended to read as follows:
30 1. The court may appoint a court visitor for the minor. A
31 person is qualified to serve as a court visitor if the court
32 determines the person has demonstrated sufficient knowledge of
33 guardianships to adequately perform the duties in subsection 3.
34 Sec. 9. Section 232D.306, Code 2021, is amended by adding
35 the following new subsection:
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1 NEW SUBSECTION. 4. A hearing on the petition may be
2 recorded if a court reporter is not used.
3 Sec. 10. Section 232D.307, subsection 1, Code 2021, is
4 amended to read as follows:
5 1. The court shall request criminal record checks and checks
6 of the child abuse, dependent adult abuse, and sex offender
7 registries in this state for all proposed guardians other than
8 financial institutions with Iowa trust powers unless a proposed
9 guardian has undergone the required background checks in this
10 section within the twelve six months prior to the filing of
11 a petition and the background check has been provided to the
12 court.
13 Sec. 11. Section 232D.401, subsection 1, Code 2021, is
14 amended to read as follows:
15 1. The order by the court appointing a guardian for a minor
16 shall state the basis for the order and the date on which the
17 first reporting period for the guardianship will end.
18 Sec. 12. Section 232D.401, subsection 3, unnumbered
19 paragraph 1, Code 2021, is amended to read as follows:
20 An order by the court appointing a guardian for a minor shall
21 state the powers granted to the guardian. Except as otherwise
22 limited by court order, the The court may grant the guardian
23 the following powers, which may be exercised without prior
24 court approval:
25 Sec. 13. Section 232D.501, subsection 1, paragraph a, Code
26 2021, 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. 14. Section 232D.501, subsection 1, paragraph b, Code
31 2021, is amended by adding the following new subparagraphs:
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
35 guardian.
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1 NEW SUBPARAGRAPH. (12) Any other information the guardian
2 deems necessary for the court to consider.
3 Sec. 15. Section 232D.501, Code 2021, is amended by adding
4 the following new subsections:
5 NEW SUBSECTION. 5. A copy of the verified initial care plan
6 and verified annual report shall be served, annually, on the
7 protected person, the protected person’s attorney, if any, and
8 court visitor, if any.
9 NEW SUBSECTION. 6. The court, for good cause, may extend
10 the deadline for filing required reports. Required reports of
11 a guardian which are not timely filed and which are delinquent,
12 and for which no extension for filing has been granted by the
13 court, shall be administered in the same manner as provided in
14 section 633.32.
15 DIVISION II
16 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS
17 Sec. 16. Section 235B.6, subsection 2, paragraph d, Code
18 2021, is amended by adding the following new subparagraph:
19 NEW SUBPARAGRAPH. (7) To a district court conducting
20 checks of the dependent adult abuse registry for all proposed
21 guardians and conservators pursuant to section 633.564.
22 Sec. 17. Section 633.556, subsections 4 and 5, Code 2021,
23 are amended to read as follows:
24 4. The petition shall list the name and address of the
25 petitioner and the petitioner’s relationship to the respondent
26 following:
27 a. The respondent.
28 b. The petitioner and the petitioner’s relationship to the
29 respondent.
30 c. The proposed guardian or conservator and the reason the
31 proposed guardian or conservator should be selected.
32 5. The petition shall list the name and address, to the
33 extent known, of the following:
34 a. The name and address of the proposed guardian and the
35 reason the proposed guardian should be selected.
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1 b. Any spouse of the respondent.
2 c. Any adult children of the respondent.
3 d. Any parents of the respondent.
4 e. Any adult, who has had the primary care of the respondent
5 or with whom the respondent has lived for at least any time
6 during the six months prior to immediately preceding the filing
7 of the petition, or any institution or facility where the
8 respondent has resided for at least six months prior to any
9 time during the six months immediately preceding the filing of
10 the petition.
11 f. Any legal representative or representative payee of the
12 respondent.
13 g. Any person designated as an attorney in fact in a durable
14 power of attorney for health care which is valid under chapter
15 144B, or any person designated as an agent in a durable power
16 of attorney which is valid under chapter 633B.
17 Sec. 18. Section 633.560, subsection 3, Code 2021, is
18 amended to read as follows:
19 3. The court shall require the proposed guardian or
20 conservator to attend the hearing on the petition but the court
21 may excuse the proposed guardian’s or conservator’s attendance
22 for good cause shown.
23 Sec. 19. Section 633.561, subsection 6, Code 2021, is
24 amended to read as follows:
25 6. If the court determines that it would be in the
26 respondent’s best interest to have legal representation
27 with respect to any further proceedings in a guardianship
28 or conservatorship, the court may appoint an attorney to
29 represent the respondent at the expense of the respondent or
30 the respondent’s estate, or if the respondent is indigent the
31 cost of the court appointed attorney shall be assessed against
32 the county in which the proceedings are pending.
33 Sec. 20. Section 633.562, subsection 1, Code 2021, is
34 amended to read as follows:
35 1. If the court determines that the appointment of a court
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1 visitor would be in the best interest of the respondent, the
2 court shall appoint a court visitor at the expense of the
3 respondent or the respondent’s estate, or, if the respondent
4 is indigent, the cost of the court visitor shall be assessed
5 against the county in which the proceedings are pending. The
6 court may appoint any qualified person as a court visitor in
7 a guardianship or conservatorship proceeding. A person is
8 qualified to serve in this capacity if the court determines the
9 person has demonstrated sufficient knowledge of guardianships
10 or conservatorships to adequately perform the duties in
11 subsection 3.
12 Sec. 21. Section 633.562, Code 2021, is amended by adding
13 the following new subsection:
14 NEW SUBSECTION. 7. A court visitor shall be discharged
15 from all further duties upon appointment of a guardian or
16 conservator, unless otherwise ordered by the court. The court
17 may order a court visitor to continue to serve if the court
18 determines continued service would be in the best interest of
19 the protected person. If the court continues the service of
20 the court visitor, the court may limit the direct duties of the
21 court visitor as the court deems necessary. The court visitor
22 shall thereafter continue to serve until discharged by the
23 court.
24 Sec. 22. Section 633.564, subsection 1, Code 2021, is
25 amended to read as follows:
26 1. The court shall request criminal record checks and
27 checks of the child abuse, dependent adult abuse, and sexual
28 offender registries in this state for all proposed guardians
29 and conservators, other than financial institutions with Iowa
30 trust powers, unless a proposed guardian or conservator has
31 undergone the required background checks required by this
32 section within the six months prior to the filing of a petition
33 and the background check has been provided to the court.
34 Sec. 23. Section 633.569, Code 2021, is amended to read as
35 follows:
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1 633.569 Emergency appointment of temporary guardian or
2 conservator.
3 1. A person authorized to file a petition under section
4 633.552, 633.553, or 633.554 633.556 or 633.557 may file an
5 application for the emergency appointment of a temporary
6 guardian or conservator.
7 2. Such application shall state all of the following:
8 a. The name and address of the respondent.
9 0b. The name and address of the petitioner and the
10 petitioner’s relationship to the respondent.
11 b. The name and address of the proposed guardian or
12 conservator and the reason the proposed guardian or conservator
13 should be selected.
14 0c. The names and addresses, to the extent known, of any
15 other persons who must be named in the petition for appointment
16 of a guardian or conservator under section 633.556 or 633.557.
17 c. The reason the emergency appointment of a temporary
18 guardian or conservator is sought.
19 3. The court may enter an ex parte order appointing a
20 temporary guardian or conservator on an emergency basis under
21 this section if the court finds that all of the following
22 conditions are met:
23 a. There is not sufficient time to file a petition
24 and hold a hearing pursuant to section 633.552, 633.553,
25 or 633.554 633.556, 633.557, or 633.560.
26 b. The appointment of a temporary guardian or conservator
27 is necessary to avoid immediate or irreparable harm to the
28 respondent before a hearing with notice to the respondent can
29 be held.
30 c. There is reason to believe that the basis for appointment
31 of guardian or conservator exists under section 633.552,
32 633.553, or 633.554 633.556 or 633.557.
33 4. Notice of a petition for the appointment of a temporary
34 guardian or conservator and the issuance of an ex parte
35 order appointing a temporary guardian or conservator shall be
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1 provided to the respondent, the respondent’s attorney, and any
2 other person the court determines should receive notice.
3 5. Upon the issuance of an ex parte order, if the respondent
4 is an adult, the respondent may file a request for a hearing.
5 If the respondent is a minor, the respondent, a parent having
6 legal custody of the respondent, or any other person having
7 legal custody of the respondent may file a written request for
8 a hearing. Such hearing shall be held no later than seven days
9 after the filing of a written request.
10 6. The powers of the temporary guardian or conservator
11 set forth in the order of the court shall be limited to those
12 necessary to address the emergency situation requiring the
13 appointment of a temporary guardian or conservator.
14 7. The temporary guardianship or conservatorship shall
15 terminate within thirty days after the order is issued.
16 8. The court may order an extension of the temporary
17 guardianship or conservatorship for thirty days for good
18 cause shown, including a showing that a hearing on a petition
19 for a guardianship or conservatorship under section 633.556
20 or 633.557 cannot be scheduled within thirty days after the
21 order for a temporary guardianship or conservatorship is
22 ordered. Prior to or contemporaneously with the filing for
23 an application for the extension of time, the guardian or
24 conservator shall file a report with the court setting forth
25 all of the following:
26 a. All actions conducted by the guardian or conservator on
27 behalf of the protected person from the time of the initial
28 appointment of the guardian up to the time of the report.
29 b. All actions that the guardian or conservator plans to
30 conduct on behalf of the protected person during the thirty-day
31 extension period.
32 9. The temporary guardian or conservator shall submit any
33 other report the court requires.
34 Sec. 24. Section 633.570, subsections 1 and 2, Code 2021,
35 are amended to read as follows:
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1 1. In a proceeding for the appointment of a guardian, the
2 respondent shall be given written notice which advises the
3 respondent of the powers that the court may g