SSB 1091

The bill provides that the juvenile court shall have exclusive jurisdiction over minor guardianship proceedings. The effect of this provision is to transfer jurisdiction over these proceedings from the probate court to the juvenile court. BASIS FOR APPOINTMENT OF GUARDIAN. _____ to the establishment of a guardianship. The bill provides that a guardianship may be established without parental consent under the following circumstances: there is a person serving as a de facto guardian; there has been a demonstrated lack of parental participation in the life of the minor; and the appointment of a guardian is in the best interest of the minor. The bill also provides that a guardianship may be established if no parent is willing or able to exercise the power the court is requested to grant to the proposed guardian, and the appointment of a guardian is in the best interest of the minor. ESTABLISHING A GUARDIANSHIP. The bill contains provisions relating to the establishment of minor guardianships. These provisions specify the requirements regarding the contents of a minor guardianship petition, notice, and hearing. The bill provides that the court may appoint an attorney for the minor if the court determines that the interests of the minor are, or may be, inadequately represented. The bill also provides that the court shall appoint an attorney for a parent if the parent objects to the appointment of a guardian and the court determines that the parent is unable to pay for an attorney. The bill provides that the court may appoint a court visitor to visit the minor and other parties to the proceeding and gather the information needed by the court in determining whether to grant the petition. The bill retains the existing standard for appointment of a person as a guardian, namely that the person be qualified, suitable, and willing to serve in that capacity. Current law does not require background checks of proposed guardians. The bill requires that proposed guardians, other than financial institutions, undergo Iowa criminal record checks and checks of the Iowa child abuse, dependent adult abuse, and sex offender registries. _____ agencies, shall establish procedures for electronic access to the single contact repository for the conduct of background checks for a minimal fee. The bill gives the judge discretion to evaluate the relevance of any negative background check information in determining the suitability of a person for appointment as a guardian. The bill authorizes the emergency appointment of a temporary guardian. The court is authorized to issue an ex parte order appointing a temporary guardian on an emergency basis under limited circumstances. ORDER APPOINTING GUARDIAN AND GUARDIAN’S POWERS, DUTIES, AND RESPONSIBILITIES. The bill contains provisions relating to the order appointing the guardian and the guardian’s powers, duties, and responsibilities. The bill specifies the powers that the court may grant to a guardian. The bill sets forth the specific powers that the guardian may exercise without prior court approval and those powers that the guardian may exercise only with prior court approval. The bill also specifies the duties and responsibilities of the guardian. COURT MONITORING AND ADMINISTRATION OF MINOR GUARDIANSHIPS. The bill contains provisions relating to ongoing court monitoring of minor guardianship and administration of minor guardianships. The court has an ongoing responsibility to monitor minor guardianships in order to ensure the well-being and protection of minors subject to guardianship and the accountability of the persons appointed to serve as guardians. The bill provides that guardians shall file an initial care plan for the minor within 60 days of appointment for review and approval by the court. The bill retains the existing requirement that guardians file thereafter an annual report describing the minor’s status and needs and the guardian’s activities. The bill authorizes the court to remove a guardian and appoint a successor guardian under certain circumstances. _____ or terminate a guardianship under certain circumstances. EXPENSES. The bill provides that the court shall inquire into the ability of the minor or the minor’s parent to pay expenses incurred pursuant to the guardianship proceedings. After giving the minor and the parent a reasonable opportunity to be heard, the court may order the minor or the parent to pay all or part of the following: costs of legal expenses of the minor and the parent; expenses for a court visitor; and filing fees and other court costs, unless the costs are waived for good cause shown. The bill provides that if the court finds a minor’s parents to be indigent or if the minor has no parent, costs shall be assessed against the county in which the proceeding is pending. The minor or the minor’s parents are indigent if the minor’s or the parent’s income and resources do not exceed 150 percent of the federal poverty level, or the minor’s parent would be unable to pay such costs without prejudicing the parent’s ability to provide economic necessities for the parent or the parent’s dependents. EFFECTIVE DATE AND APPLICABILITY. The bill takes effect January 1, 2020, and applies to all minor guardianships and guardianship proceedings established or pending before, on, or after January 1, 2020.