House Study Bill 109 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
A BILL FOR
1 An Act relating to the creation, administration, and
2 termination of adult and minor guardianships and
4 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 2023, 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 232D.103, Code 2023, is amended to read as
19 232D.103 Jurisdiction.
20 The juvenile court has exclusive jurisdiction in a
21 guardianship proceeding concerning a minor who is alleged to be
22 in need of a guardianship and guardianships of minors.
23 Sec. 3. NEW SECTION. 232D.107 Confidentiality.
24 Official juvenile court records in guardianship proceedings
25 shall be confidential and are not public records. The court,
26 at its discretion, may authorize other persons to access such
27 records. Confidential records may be inspected and their
28 contents shall be disclosed to all of the following without
29 court order, provided that a person or entity who inspects
30 or receives a confidential record under this section shall
31 not disclose the confidential record or its contents unless
32 permitted by law:
33 1. The judge and professional court staff.
34 2. The minor and the minor’s counsel.
35 3. The minor’s parent, guardian or custodian, court
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1 visitor, and any counsel representing such person.
2 Sec. 4. Section 232D.301, subsection 2, paragraph d,
3 subparagraph (3), Code 2023, is amended to read as follows:
4 (3) Any adult who has had the primary care of the minor or
5 with whom the minor has lived for at least any time during the
6 six months prior to immediately preceding the filing of the
8 Sec. 5. Section 232D.301, subsection 4, Code 2023, is
9 amended to read as follows:
10 4. The petition shall state whether a limited guardianship
11 is appropriate, and whether a conservatorship for the minor is
12 already in existence.
13 Sec. 6. Section 232D.302, subsection 2, Code 2023, is
14 amended to read as follows:
15 2. Notice shall be served upon the minor’s known parents
16 listed in the petition in accordance with the rules of civil
17 procedure. If the parent has not filed a consent to the
18 appointment of a guardian, the notice shall inform any parent
19 named in the petition that the parent may be entitled to
20 representation under the conditions described in section
22 Sec. 7. Section 232D.305, subsection 1, Code 2023, is
23 amended to read as follows:
24 1. The court may appoint a court visitor for the minor. A
25 person is qualified to serve as a court visitor if the court
26 determines the person has demonstrated sufficient knowledge of
27 guardianships to adequately perform the duties in subsection 3.
28 Sec. 8. Section 232D.305, subsection 3, paragraph b, Code
29 2023, is amended to read as follows:
30 b. Explaining to the minor, if the minor’s age is
31 appropriate, the substance of the petition, the purpose and
32 effect of the guardianship proceeding, the rights of the
33 minor at the hearing, and the general powers and duties of a
35 Sec. 9. Section 232D.305, Code 2023, is amended by adding
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1 the following new subsection:
2 NEW SUBSECTION. 6. The court may order a court visitor to
3 continue to serve if the court determines continued service
4 would be in the best interest of the minor. If the court
5 continues the services of the court visitor, the court may
6 limit the direct duties of the court visitor as the court deems
7 necessary in which case the court visitor shall thereafter
8 continue to serve until discharged by the court. If the
9 court does not order the court visitor to continue, the order
10 appointing the guardian shall discharge the court visitor.
11 Sec. 10. Section 232D.306, Code 2023, is amended by adding
12 the following new subsection:
13 NEW SUBSECTION. 4. A hearing on the petition may be
14 recorded if a court reporter is not used.
15 Sec. 11. Section 232D.307, subsection 1, Code 2023, is
16 amended to read as follows:
17 1. The court shall request criminal record checks and checks
18 of the child abuse, dependent adult abuse, and sex offender
19 registries in this state for all proposed guardians other than
20 financial institutions with Iowa trust powers unless a proposed
21 guardian has undergone the required background checks in this
22 section within the twelve six months prior to the filing of
23 a petition and the background check has been provided to the
25 Sec. 12. Section 232D.401, subsection 1, Code 2023, is
26 amended to read as follows:
27 1. The order by the court appointing a guardian for a minor
28 shall state the basis for the order and the date on which the
29 first reporting period for the guardianship will end.
30 Sec. 13. Section 232D.401, subsection 3, unnumbered
31 paragraph 1, Code 2023, is amended to read as follows:
32 An order by the court appointing a guardian for a minor shall
33 state the powers granted to the guardian until such time as the
34 guardian files an initial care plan and such plan is approved
35 by the court as required by section 232D.501, subsection 4.
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1 Except as otherwise limited by court an order appointing a
2 guardian for a minor, the court may grant the guardian the
3 following powers, which may be exercised without prior court
5 Sec. 14. Section 232D.501, subsection 1, paragraph a, Code
6 2023, is amended by adding the following new subparagraph:
7 NEW SUBPARAGRAPH. (03) The guardian’s plan, if any, for
8 applying for and receiving funds and benefits payable for the
9 support of the minor.
10 Sec. 15. Section 232D.501, subsection 1, paragraph b, Code
11 2023, is amended by adding the following new subparagraph:
12 NEW SUBPARAGRAPH. (11) The results of the guardian’s
13 efforts to apply for funds or benefits for the minor, and
14 an accounting for the use of such funds or benefits by the
16 NEW SUBPARAGRAPH. (12) Any other information the guardian
17 deems necessary for the court to consider.
18 Sec. 16. Section 232D.501, Code 2023, is amended by adding
19 the following new subsection:
20 NEW SUBSECTION. 5. The court, for good cause, may extend
21 the deadline for filing required reports. Required reports of
22 a guardian which are not timely filed and which are delinquent,
23 and for which no extension for filing has been granted by the
24 court, shall be administered in the same manner as provided in
25 section 633.32.
26 DIVISION II
27 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS
28 Sec. 17. Section 235B.6, subsection 2, paragraph d, Code
29 2023, is amended by adding the following new subparagraph:
30 NEW SUBPARAGRAPH. (7) To a district court conducting
31 checks of the dependent adult abuse registry for all proposed
32 guardians and conservators pursuant to section 633.564.
33 Sec. 18. Section 633.556, subsections 4, 5, and 8, Code
34 2023, are amended to read as follows:
35 4. The petition shall list the name and address all of the
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1 petitioner and the petitioner’s relationship to the respondent
3 a. The name and address of the respondent.
4 b. The name and address of the petitioner, and the
5 petitioner’s relationship to the respondent.
6 c. The name and address of the proposed guardian or
7 conservator, and the reason the proposed guardian or
8 conservator should be selected.
9 5. The petition shall list the name and address, to the
10 extent known, of the following:
11 a. The name and address of the proposed guardian and the
12 reason the proposed guardian should be selected.
13 b. a. Any spouse of the respondent.
14 c. b. Any adult children of the respondent.
15 d. c. Any parents of the respondent.
16 e. d. Any adult, who has had the primary care of the
17 respondent or with whom the respondent has lived for at least
18 any time during the six months prior to immediately preceding
19 the filing of the petition, or any institution or facility
20 where the respondent has resided for at least six months prior
21 to any time during the six months immediately preceding the
22 filing of the petition.
23 f. e. Any legal representative or representative payee of
24 the respondent.
25 g. f. Any person designated as an attorney in fact in a
26 durable power of attorney for health care which is valid under
27 chapter 144B, or any person designated as an agent in a durable
28 power of attorney which is valid under chapter 633B.
29 8. The petition shall provide a brief description of
30 the respondent’s alleged functional limitations that make
31 the respondent unable to communicate or carry out important
32 decisions concerning the respondent’s financial affairs if
33 the petition is for appointment of a conservator for an adult
34 respondent, or a brief description of the respondent’s alleged
35 inability to care for the respondent’s safety or provide for
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1 necessities such as food, shelter, clothing, or medical care
2 without which physical injury or illness may occur if the
3 petition requests the appointment of a guardian.
4 Sec. 19. Section 633.560, subsection 3, Code 2023, is
5 amended to read as follows:
6 3. The court shall require the proposed guardian or
7 conservator to attend the hearing on the petition but the court
8 may excuse the proposed guardian’s or conservator’s attendance
9 for good cause shown.
10 Sec. 20. Section 633.561, subsection 6, Code 2023, is
11 amended to read as follows:
12 6. If the court determines that it would be in the
13 respondent’s best interest to have legal representation
14 with respect to any further proceedings in a guardianship
15 or conservatorship, the court may appoint an attorney to
16 represent the respondent at the expense of the respondent or
17 the respondent’s estate, or if the respondent is indigent the
18 cost of the court appointed attorney shall be assessed against
19 the county in which the proceedings are pending.
20 Sec. 21. Section 633.562, subsection 1, Code 2023, is
21 amended to read as follows:
22 1. If the court determines that the appointment of a court
23 visitor would be in the best interest of the respondent, the
24 court shall appoint a court visitor at the expense of the
25 respondent or the respondent’s estate, or, if the respondent
26 is indigent, the cost of the court visitor shall be assessed
27 against the county in which the proceedings are pending. The
28 court may appoint any qualified person as a court visitor in
29 a guardianship or conservatorship proceeding. A person is
30 qualified to serve in this capacity if the court determines the
31 person has demonstrated sufficient knowledge of guardianships
32 or conservatorships to adequately perform the duties in
33 subsection 3.
34 Sec. 22. Section 633.562, subsection 3, paragraph b, Code
35 2023, is amended to read as follows:
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1 b. Explaining to the respondent the substance of the
2 petition, the purpose and effect of the guardianship or
3 conservatorship proceeding, the rights of the respondent at
4 the hearing, and the general powers and duties of a guardian
5 or conservator.
6 Sec. 23. Section 633.562, Code 2023, is amended by adding
7 the following new subsection:
8 NEW SUBSECTION. 7. A court visitor shall be discharged
9 from all further duties upon appointment of a guardian or
10 conservator unless otherwise ordered by the court. The court
11 may order a court visitor to continue to serve if the court
12 determines continued service would be in the best interest of
13 the protected person. If the court continues the service of
14 the court visitor, the court may limit the direct duties of the
15 court visitor as the court deems necessary. The court visitor
16 shall thereafter continue to serve until discharged by the
18 Sec. 24. Section 633.563, subsection 1, Code 2023, is
19 amended by adding the following new paragraph:
20 NEW PARAGRAPH. c. The petition is for opening a
21 conservatorship for a minor.
22 Sec. 25. Section 633.564, subsection 1, Code 2023, is
23 amended to read as follows:
24 1. The court shall request criminal record checks and checks
25 of the child abuse, dependent adult abuse, and sexual offender
26 registries in this state for all proposed guardians and
27 conservators, other than financial institutions with Iowa trust
28 powers, unless a proposed guardian or conservator has undergone
29 the background checks required by this section within the six
30 months prior to the filing of a petition and the background
31 check has been provided to the court.
32 Sec. 26. Section 633.569, subsections 1, 2, and 3, Code
33 2023, are amended to read as follows:
34 1. A person authorized to file a petition under section
35 633.552, 633.553, or 633.554 633.556 or 633.557 may file an
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1 application for the emergency appointment of a temporary
2 guardian or conservator.
3 2. Such application shall state all of the following:
4 a. The name and address of the respondent.
5 b. The name and address of the petitioner and the
6 petitioner’s relationship to the respondent.
7 b. c. The name and address of the proposed guardian or
8 conservator and the reason the proposed guardian or conservator
9 should be selected.
10 d. The names and addresses, to the extent known, of any
11 other persons who must be named in the petition for the
12 appointment of a guardian or conservator under section 633.556
13 or 633.557.
14 c. e. The reason the emergency appointment of a temporary
15 guardian or conservator is sought.
16 3. The court may enter an ex parte order appointing a
17 temporary guardian or conservator on an emergency basis under
18 this section if the court finds that all of the following
19 conditions are met:
20 a. There is not sufficient time to file a petition and hold
21 a hearing pursuant to section 633.552, 633.553, or 633.554
22 633.556, 633.557, or 633.560.
23 b. The appointment of a temporary guardian or conservator
24 is necessary to avoid immediate or irreparable harm to the
25 respondent before a hearing with notice to the respondent can
26 be held.
27 c. There is reason to believe that the basis for appointment
28 of guardian or conservator exists under section 633.552,
29 633.553, or 633.554 633.556 or 633.557.
30 Sec. 27. Section 633.569, Code 2023, is amended by adding
31 the following new subsections:
32 NEW SUBSECTION. 8. The court may order an extension of
33 the temporary guardianship or conservatorship for good cause
34 shown. Prior to or contemporaneously with the filing for
35 an application for the extension of time, the guardian or
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