reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232A - JUVENILE VICTIM RESTITUTION › Section 232A.3 - Reports required.

232A.3 Reports required.
Each judicial district shall submit a report of the progress and financial status of its juvenile victim restitution program to the judicial branch on a quarterly basis. The judicial branch shall prepare and submit annually a report on the progress and financial status of the programs to the general assembly no later than March 15.
83 Acts, ch 94, §4; 90 Acts, ch 1247, §7; 98 Acts, ch 1047, §24
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232B - INDIAN CHILD WELFARE ACT › Section 232B.2 - Purpose — policy of state.

232B.2 Purpose — policy of state.
The purpose of the Iowa Indian child welfare Act is to clarify state policies and procedures regarding implementation of the federal Indian Child Welfare Act, Pub. L. No. 95-608, as codified in 25 U.S.C. ch. 21. It is the policy of the state to cooperate fully with Indian tribes and tribal citizens in Iowa in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. This cooperation includes recognition by the state that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the child is in the physical or legal custody of an Indian parent, Indian custodian, or an Indian extended family member at the commencement of a child custody proceeding or the child has resided or domiciled on an Indian reservation. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act and other applicable law, designed to prevent the child’s voluntary or involuntary out-of-home placement and, whenever such placement is necessary or ordered, by placing the child, whenever possible, in a foster home, adoptive home, or other type of custodial placement that reflects the unique values of the child’s tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the child’s tribe and tribal community.
2003 Acts, ch 153, §3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232B - INDIAN CHILD WELFARE ACT › Section 232B.4 - Application of chapter — determination of Indian status.

232B.4 Application of chapter — determination of Indian status.
1. This chapter applies to child custody proceedings involving an Indian child whether the child is in the physical or legal custody of an Indian parent, Indian custodian, or an Indian extended family member or another person at the commencement of the proceedings or whether the child has resided or domiciled on or off an Indian reservation.
2. The court shall require a party seeking the foster care placement of, termination of parental rights over, or the adoption of, an Indian child to seek to determine whether the child is an Indian child through contact with any Indian tribe in which the child may be a member or eligible for membership, the child’s parent, any person who has custody of the child or with whom the child resides, and any other person that reasonably can be expected to have information regarding the child’s possible membership or eligibility for membership in an Indian tribe, including but not limited to the United States department of the interior.
3. A written determination by an Indian tribe that a child is a member of or eligible for membership in that tribe, or testimony attesting to such status by a person authorized by the tribe to provide that determination, shall be conclusive. A written determination by an Indian tribe, or testimony by a person authorized by the tribe to provide that determination or testimony, that a child is not a member of or eligible for membership in that tribe shall be conclusive as to that tribe. If an Indian tribe does not provide evidence of the child’s status as an Indian child, the court shall determine the child’s status.
4. The determination of the Indian status of a child shall be made as soon as practicable in order to serve the best interest of the child and to ensure compliance with the notice requirements of this chapter.
2003 Acts, ch 153, §5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232B - INDIAN CHILD WELFARE ACT › Section 232B.7 - Parental rights — voluntary termination or foster care placement.

232B.7 Parental rights — voluntary termination or foster care placement.
1. If an Indian child’s parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the judge’s certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Notwithstanding section 600A.4 or any other provision of law, any consent for release of custody given prior to, or within ten days after, the birth of the Indian child shall not be valid.
2. An Indian child’s parent or Indian custodian may withdraw consent to a foster care placement at any time and, upon the withdrawal of consent, the child shall be returned to the parent or Indian custodian.
3. In a voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent.
4. After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate the decree and return the child to the parent. However, an adoption which has been effective for at least two years shall not be invalidated under the provisions of this subsection unless otherwise permitted under state law.
2003 Acts, ch 153, §8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232B - INDIAN CHILD WELFARE ACT › Section 232B.8 - Return of custody — improper removal of child from custody — protection of rights of parent or Indian custodian.

232B.8 Return of custody — improper removal of child from custody — protection of rights of parent or Indian custodian.
1. If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in a proceeding subject to the provisions of this chapter, that the return of custody is not in the best interest of the child.
2. If an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, the placement shall be in accordance with the provisions of this chapter, except when an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
3. If a petitioner in an Indian child custody proceeding before a state court has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child’s parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to a substantial and immediate danger or threat of such danger.
4. If another state or federal law applicable to a child custody proceeding held under state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this chapter, the court shall apply the higher standard.
2003 Acts, ch 153, §9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232B - INDIAN CHILD WELFARE ACT › Section 232B.10 - Qualified expert witnesses — standard of proof — change of placement.

232B.10 Qualified expert witnesses — standard of proof — change of placement.
1. For the purposes of this chapter, unless the context otherwise requires, a “qualified expert witness” may include, but is not limited to, a social worker, sociologist, physician, psychologist, traditional tribal therapist and healer, spiritual leader, historian, or elder.
2. In considering whether to involuntarily place an Indian child in foster care or to terminate the parental rights of the parent of an Indian child, the court shall require that qualified expert witnesses with specific knowledge of the child’s Indian tribe testify regarding that tribe’s family organization and child-rearing practices, and regarding whether the tribe’s culture, customs, and laws would support the placement of the child in foster care or the termination of parental rights on the grounds that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
3. In the following descending order of preference, a qualified expert witness is a person who is one of the following:
a. A member of the child’s Indian tribe who is recognized by the child’s tribal community as knowledgeable regarding tribal customs as the customs pertain to family organization or child-rearing practices.
b. A member of another tribe who is formally recognized by the Indian child’s tribe as having the knowledge to be a qualified expert witness.
c. A layperson having substantial experience in the delivery of child and family services to Indians, and substantial knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child’s tribe.
d. A professional person having substantial education and experience in the person’s professional specialty and having substantial knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child’s tribe.
e. A professional person having substantial education and experience in the person’s professional specialty and having extensive knowledge of the customs, traditions, and values of the Indian child’s tribe as the customs, traditions, and values pertain to family organization and child-rearing practices. Prior to accepting the testimony of a qualified expert witness described in this lettered paragraph, the court shall document the efforts made to secure a qualified expert witness described in paragraphs “a”, “b”, “c”, and “d”. The efforts shall include but are not limited to contacting the Indian child’s tribe’s governing body, that tribe’s Indian Child Welfare Act office, and the tribe’s social service office.
2003 Acts, ch 153, §11; 2004 Acts, ch 1101, §29
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232B - INDIAN CHILD WELFARE ACT › Section 232B.11 - Agreements with tribes for care and custody of Indian children.

232B.11 Agreements with tribes for care and custody of Indian children.
1. The director of human services or the director’s designee shall make a good faith effort to enter into agreements with Indian tribes regarding jurisdiction over child custody proceedings and the care and custody of Indian children whose tribes have land within Iowa, including but not limited to the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and the Winnebago tribe, and whose tribes have an Indian child who resides in the state of Iowa. An agreement shall seek to promote the continued existence and integrity of the Indian tribe as a political entity and the vital interest of Indian children in securing and maintaining a political, cultural, and social relationship with their tribes. An agreement shall assure that tribal services and Indian organizations or agencies are used to the greatest extent practicable in planning and implementing any action pursuant to the agreement concerning the care and custody of Indian children. If tribal services are not available, an agreement shall assure that community services and resources developed specifically for Indian families will be used.
2. If an agreement entered into between the tribe and the department of human services pertaining to the funding of foster care placements for Indian children conflicts with any federal or state law, the state in a timely, good faith manner shall agree to amend the agreement in a way that prevents any interruption of services to eligible Indian children.
3. An agreement entered into under this section may be revoked by either party by giving one hundred eighty days’ advance written notice to the other party. The revocation shall not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise.
2003 Acts, ch 153, §12
Referred to in §232B.9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232B - INDIAN CHILD WELFARE ACT › Section 232B.12 - Payment of foster care expenses.

232B.12 Payment of foster care expenses.
1. If the department of human services has legal custody of an Indian child and that child is placed in foster care according to the placement preferences under section 232B.9 the state shall pay, subject to any applicable federal funding limitations and requirements, the cost of the foster care in the manner and to the same extent the state pays for foster care of non-Indian children, including the administrative and training costs associated with the placement. In addition, the state shall pay the other costs related to the foster care placement of an Indian child as may be provided for in an agreement entered into between a tribe and the state.
2. The department of human services may, subject to any applicable federal funding limitations and requirements and within funds appropriated for foster care services, purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state court order; and the purchase of the care is subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.
2003 Acts, ch 153, §13
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232B - INDIAN CHILD WELFARE ACT › Section 232B.14 - Compliance.

232B.14 Compliance.
1. The department of human services, in consultation with Indian tribes, shall establish standards and procedures for the department’s review of cases subject to this chapter and methods for monitoring the department’s compliance with provisions of the federal Indian Child Welfare Act and this chapter. These standards and procedures and the monitoring methods shall be integrated into the department’s structure and plan for the federal government’s child and family service review process and any program improvement plan resulting from that process.
2. A court of competent jurisdiction shall vacate a court order and remand the case for appropriate disposition for any of the following violations of this chapter:
a. Failure to notify an Indian parent, Indian custodian, or tribe.
b. Failure to recognize the jurisdiction of an Indian tribe.
c. Failure, without cause as specified under this chapter, to transfer jurisdiction to an Indian tribe appropriately seeking transfer.
d. Failure to give full faith and credit to the public acts, records, or judicial proceedings of an Indian tribe.
e. Failure to allow intervention by an Indian custodian or Indian tribe, or if applicable, an extended family member.
f. Failure to return the child to the child’s parent or Indian custodian when removal or placement is no longer necessary to prevent imminent physical damage or harm.
g. Failure to provide the testimony of qualified expert witnesses as required by this chapter.
h. Any other violation that is not harmless error, including but not limited to a failure to comply with 25 U.S.C. §1911, 1912, 1913, 1915, 1916, or 1917.
3. If a petitioner in an Indian child custody proceeding before a state court has improperly removed the child from the custody of the child’s parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child’s parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to a substantial and immediate danger or threat of such danger.
2003 Acts, ch 153, §15
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232C - EMANCIPATION OF MINORS › Section 232C.1 - Emancipation petition — hearing.

232C.1 Emancipation petition — hearing.
1. A minor who desires to become emancipated may file a petition for an order of emancipation in juvenile court if all of the following apply:
a. The minor is sixteen years of age or older.
b. The minor is a resident of this state.
c. The minor is not in the care, custody, or control of the state.
2. A petition filed pursuant to this section shall contain the following:
a. The petitioner’s name, mailing address, and date of birth.
b. The name and mailing address of the petitioner’s parents or legal guardian.
c. Specific facts to support the petition including but not limited to the following:
(1) The minor has demonstrated financial self-sufficiency, including proof of employment or other means of support, which does not include assistance or subsidies from a federal, state, or local governmental agency.
(2) The minor has demonstrated an ability to manage the personal affairs of the minor.
(3) The minor has demonstrated an ability and commitment to obtain and maintain education, vocational training, or employment.
(4) Any other information considered necessary to support the petition.
d. Any one of the following:
(1) Documentation that the minor has been living on the minor’s own for at least three consecutive months.
(2) A statement explaining the reasons the minor believes the home of the minor’s parents or legal guardian is not a healthy or safe environment.
(3) A notarized statement that contains written consent to emancipation by the minor’s parents or legal guardian.
3. The court shall hold a hearing on the petition within ninety days of the filing of the petition. Notice of the hearing, with a copy of the petition attached, shall be served by personal service on the minor’s parent or legal guardian at least thirty days prior to the hearing date. Any other parties shall be notified as provided by the rules of civil procedure for service of an original notice.
4. The minor may participate in the court proceedings on the minor’s own behalf, or may be represented by the minor’s own counsel, or the court may appoint a guardian ad litem on behalf of the minor.
2009 Acts, ch 153, §3
Referred to in §232C.2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232C - EMANCIPATION OF MINORS › Section 232C.2 - Stay — mediation — referral to family in need of assistance.

232C.2 Stay — mediation — referral to family in need of assistance.
1. Prior to an emancipation hearing held pursuant to section 232C.1, the court, on its own motion, may stay the proceedings, and refer the parties to mediation or request that the department of human services investigate any allegations of child abuse or neglect contained in the petition, and order that a written report be prepared and filed by the department.
2. If a minor’s parent or guardian objects to the petition filed pursuant to section 232C.1, the juvenile court shall stay the proceedings and refer the parties to mediation unless the juvenile court finds that mediation would not be in the best interests of the minor.
3. If an agreement is reached through mediation, the parties shall file the signed agreement with the juvenile court.
4. Notwithstanding subsections 1 through 3, the juvenile court, on its own motion, may discontinue emancipation proceedings pursuant to this chapter and interpret the petition as a petition to initiate family in need of assistance proceedings and consider the petition under sections 232.122 through 232.127.
2009 Acts, ch 153, §4
Referred to in §232.125, 232C.3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232C - EMANCIPATION OF MINORS › Section 232C.3 - Determination of emancipation — best interests of the minor.

232C.3 Determination of emancipation — best interests of the minor.
1. The juvenile court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors including the following:
a. The potential risks and consequences of emancipation and whether the minor understands the risks and consequences of emancipation.
b. The ability of the minor to be financially self-sufficient.
c. The education level of the minor and success achieved in school.
d. The criminal record of the minor.
e. The desires of the minor.
f. The recommendations of the parents or guardian of the minor.
2. The minor has the burden of proving by clear and convincing evidence that the requirements for ordering emancipation under this section have been met.
3. The juvenile court shall carefully consider the best interests of the minor and after hearing and consideration of the factors enumerated in this section, the juvenile court may order the minor emancipated or deny the petition for emancipation.
4. If, after referral of a petition for the initiation of family in need of assistance proceedings pursuant to section 232C.2, the juvenile court finds, by clear and convincing evidence, that no remedy is available that would result in strengthening or maintaining the familial relationship under the family in need of assistance proceedings pursuant to sections 232.122 through 232.127, the juvenile court may order the minor emancipated as provided in this section.
2009 Acts, ch 153, §5
Referred to in §232.127
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232C - EMANCIPATION OF MINORS › Section 232C.4 - Effect of emancipation order.

232C.4 Effect of emancipation order.
1. An emancipation order shall have the same effect as a minor reaching the age of majority with respect to but not limited to the following:
a. The ability to sue or be sued in the minor’s own name.
b. The right to enter into a binding contract.
c. The right to establish a legal residence.
d. The right to incur debts.
e. The right to consent to medical, dental, or psychiatric care.
2. An emancipation order shall have the same effect as the minor reaching the age of majority and the parents are exempt from the following:
a. Future child support obligations for the emancipated minor.
b. An obligation to provide medical support for the emancipated minor, unless deemed necessary by the court.
c. A right to the income or property of the emancipated minor.
d. A responsibility for the debts of the emancipated minor.
3. An emancipated minor shall remain subject to voting restrictions under chapter 48A, gambling restrictions under chapter 99B, 99D, 99F, 99G, or 725, internet fantasy sports contest restrictions under chapter 99E, alcohol restrictions under chapter 123, compulsory attendance requirements under chapter 299, and cigarette tobacco restrictions under chapter 453A.
4. An emancipated minor shall not be considered an adult for prosecution except as provided in section 232.8.
5. Notwithstanding sections 232.147 through 232.151, the emancipation order shall be released by the juvenile court subject to rules prescribed by the supreme court.
6. A parent who is absolved of child support obligations pursuant to an emancipation order shall notify the child support recovery unit of the department of human services of the emancipation.
2009 Acts, ch 153, §6; 2011 Acts, ch 34, §59; 2019 Acts, ch 132, §38, 45, 46
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.101 - Short title.

232D.101 Short title.
This chapter shall be known as the “Iowa Minor Guardianship Proceedings Act”.
2019 Acts, ch 56, §1, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.102 - Definitions.

232D.102 Definitions.
1. “Adult” means a person eighteen years of age or older or a person declared to be emancipated by a court of competent jurisdiction.
2. “Conservator” means a person appointed by a court to have custody and control of the property of a minor.
3. “Court” means the juvenile court established under section 602.7101.
4. “Demonstrated lack of consistent parental participation” means the refusal of a parent to comply with duties and responsibilities imposed upon a parent by the parent-child relationship, including but not limited to providing the minor with necessary food, clothing, shelter, health care, education, and other care and supervision necessary for the minor’s physical, mental, and emotional health and development.
5. “Guardian” means a person appointed by the court to have custody of a minor.
6. “Legal custodian” means a person awarded legal custody of a minor.
7. “Legal custody” means an award of the rights of legal custody of a minor under which a parent has legal custodial rights and responsibilities toward the minor child including but not limited to decision making affecting the minor’s legal status, medical care, education, extracurricular activities, and religious instruction.
8. “Limited guardianship” means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian.
9. “Minor” means an unmarried and unemancipated person under the age of eighteen years.
10. “Parent” means a biological or adoptive mother or father of a child, a person whose parental status has been established by operation of law due to the person’s marriage to the mother at the time of the conception or birth of the child, by order of a court of competent jurisdiction, or by an administrative order when authorized by state law. “Parent” does not include a person whose parental rights have been terminated.
2019 Acts, ch 56, §2, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.103 - Jurisdiction.

232D.103 Jurisdiction.
The juvenile court has exclusive jurisdiction in a guardianship proceeding concerning a minor who is alleged to be in need of a guardianship.
2019 Acts, ch 56, §3, 44, 45
Referred to in §232D.311
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.104 - Venue.

232D.104 Venue.
1. Venue for guardianship proceedings under this chapter shall be in the judicial district where the minor is found or in the judicial district of the minor’s residence.
2. The court may transfer a guardianship proceeding brought under this chapter to the juvenile court of any county having venue at any stage in the proceedings as follows:
a. When it appears that the best interests of the minor or the convenience of the proceedings shall be served by a transfer, the court may transfer the case to the court of the county of the minor’s residence.
b. With the consent of the receiving court, the court may transfer the case to the court of the county where the minor is found.
3. The court shall transfer the case by ordering the transfer and a continuance and by forwarding to the clerk of the receiving court a certified copy of all papers filed together with an order of transfer. The judge of the receiving court may accept the filings of the transferring court or may direct the filing of a new petition and hear the case anew.
2019 Acts, ch 56, §4, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.105 - Proceedings governed by other law.

232D.105 Proceedings governed by other law.
1. A petition alleging that a minor is in need of a conservatorship is not subject to this chapter. Such proceedings shall be governed by chapter 633 and may be initiated pursuant to section 633.557.
2. A petition for the appointment of a guardian for a minor and a petition for appointment of a conservator of a minor shall not be combined.
3. If a minor guardianship proceeding under this chapter pertains to an Indian child as defined in section 232B.3 and the proceeding is subject to the Iowa Indian child welfare Act under chapter 232B, the proceeding and other actions taken in connection with the proceeding shall comply with chapter 232B.
2019 Acts, ch 56, §5, 44, 45; 2020 Acts, ch 1063, §93
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.106 - Applicability of rules of civil procedure.

232D.106 Applicability of rules of civil procedure.
The rules of civil procedure shall govern guardianship proceedings concerning a minor who is alleged to be in need of a guardianship except as otherwise set forth in this chapter.
2019 Acts, ch 56, §6, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.201 - Termination of parental rights and child in need of assistance cases.

232D.201 Termination of parental rights and child in need of assistance cases.
1. The court may appoint a guardian for a minor who does not have a guardian if all parental rights have been terminated.
2. The court may appoint a guardian for a minor in a child in need of assistance case pursuant to section 232.101A, 232.103A, or 232.104.
2019 Acts, ch 56, §7, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.202 - Death of parents.

232D.202 Death of parents.
1. The court may appoint a guardian for a minor if both parents are deceased.
2. In appointing a guardian for a minor whose parents are deceased, the court shall give preference to a person, if qualified and suitable, nominated as guardian for a minor by a will that was executed by the parent or parents having legal custody of the minor at the time of the parent’s or parents’ death, and that was admitted to probate under chapter 633.
2019 Acts, ch 56, §8, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.203 - Guardianship with parental consent.

232D.203 Guardianship with parental consent.
1. The court may appoint a guardian for a minor if the court finds all of the following:
a. The parent or parents having legal custody of the minor understand the nature of the guardianship and knowingly and voluntarily consent to the guardianship.
b. The minor is in need of a guardianship because of any one of the following:
(1) The parent having legal custody of the minor has a physical or mental illness that prevents the parent from providing care and supervision of the child.
(2) The parent having legal custody of the minor is incarcerated or imprisoned.
(3) The parent having legal custody of the minor is on active military duty.
(4) The minor is in need of a guardianship for some other reason constituting good cause shown.
c. Appointment of a guardian for the minor is in the best interest of the minor.
2. If the guardianship petition requests a guardianship with parental consent, the petition shall include an affidavit signed by the parent or parents verifying that the parent or parents knowingly and voluntarily consent to the guardianship. The consent required by this subsection shall be on a form prescribed by the judicial branch.
3. On or before the date of the hearing on the petition, the parent or parents and the proposed guardian shall file an agreement with the court. This agreement shall state the following:
a. The responsibilities of the guardian.
b. The responsibilities of the parent or parents.
c. The expected duration of the guardianship, if known.
4. If the court grants the petition, it shall approve the guardianship agreement between the custodial parent and the proposed guardian and incorporate its terms by reference unless the court finds the agreement was not reached knowingly and voluntarily or is not in the best interests of the child.
2019 Acts, ch 56, §9, 44, 45
Referred to in §232D.503
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.204 - Guardianship without parental consent.

232D.204 Guardianship without parental consent.
1. The court may appoint a guardian for a minor without the consent of the parent or parents having legal custody of the minor if the court finds by clear and convincing evidence all of the following:
a. There is a person serving as a de facto guardian of the minor.
b. There has been a demonstrated lack of consistent parental participation in the life of the minor by the parent. In determining whether a parent has demonstrated a lack of consistent participation in the minor’s life, the court may consider all of the following:
(1) The intent of the parent in placing the custody, care, and supervision of the minor with the person petitioning as a de facto guardian and the facts and circumstances regarding such placement.
(2) The amount of communication and visitation of the parent with the minor during the alleged de facto guardianship.
(3) Any refusal of the parent to comply with conditions for retaining custody of the minor set forth in any previous court orders.
2. The court may appoint a guardian for a minor without the consent of the parent or parents having legal custody of the minor if the court finds by clear and convincing evidence all of the following:
a. No parent having legal custody of the minor is willing or able to exercise the power the court will grant to the guardian if the court appoints a guardian.
b. Appointment of a guardian for the minor is in the best interest of the minor.
3. Prior to granting a petition for guardianship, the court shall consider whether the filing of a child in need of assistance petition is appropriate under section 232.87. If the court determines a child in need of assistance petition is not appropriate, the court shall make findings of why a child in need of assistance petition is not appropriate.
4. A proceeding under this section shall not create a new eligibility category for the department of human services protective services.
2019 Acts, ch 56, §10, 44, 45
Referred to in §232D.503
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.301 - Petition.

232D.301 Petition.
1. Proceedings for guardianship pursuant to this chapter may be initiated by the filing of a petition by any person with an interest in the welfare of the minor.
2. The petition shall list, to the extent known, all of the following:
a. The name, age, and address of the minor who is the subject of the petition.
b. The name and address of the petitioner and the petitioner’s relationship to the minor.
c. If the petitioner is not the proposed guardian, the name and address of the proposed guardian and the reason the proposed guardian should be selected.
d. The name and address, to the extent known and ascertainable, of the following:
(1) Any living parents of the minor.
(2) Any legal custodian of the minor.
(3) Any adult who has had the primary care of the minor or with whom the minor has lived for at least six months prior to the filing of the petition.
3. The petition shall contain a concise statement of the factual basis for the petition.
4. The petition shall state whether a limited guardianship is appropriate.
5. Any additional information, to the extent known and reasonably ascertainable, required by section 598B.209 shall be included in an affidavit attached to the petition.
6. The petition may request that a temporary guardian for a minor may be appointed. Such a petition shall specify the duration of the requested temporary guardianship and the reason for a temporary guardianship.
2019 Acts, ch 56, §11, 44, 45
Referred to in §232D.303, 232D.306, 232D.309, 232D.310
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.302 - Notice.

232D.302 Notice.
1. The filing of a petition shall be served upon the minor who is the subject of the petition in the manner of an original notice in accordance with the rules of civil procedure governing such notice. Notice to the attorney representing the minor, if any, is notice to the minor.
2. Notice shall be served upon the minor’s known parents listed in the petition in accordance with the rules of civil procedure.
3. Notice shall be served upon other known persons listed in the petition in the manner prescribed by the court, which may be notice by mail. Failure of such persons to receive actual notice does not constitute a jurisdictional defect precluding the appointment of a guardian by the court.
4. Notice of the filing of a petition given to a person under subsection 2 or 3 shall include a statement that the person may register to receive notice of the hearing on the petition and other proceedings and the manner of such registration.
2019 Acts, ch 56, §12, 44, 45
Service of original notice,
R.C.P. 1.302 – 1.315
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.303 - Attorney for minor.

232D.303 Attorney for minor.
1. Upon the filing of a petition for appointment of a guardian pursuant to section 232D.301, the court shall appoint an attorney for the minor, if the court determines that the interests of the minor are or may be inadequately represented.
2. An attorney representing the minor shall advocate for the wishes of the minor to the extent that those wishes are reasonably ascertainable and advocate for best interest of the minor if the wishes of the minor are not reasonably ascertainable.
2019 Acts, ch 56, §13, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.304 - Attorney for parent.

232D.304 Attorney for parent.
Upon the filing of a petition for appointment of a guardian, the court shall appoint an attorney for the parent identified in the petition if all of the following are true:
1. The parent objects to the appointment of a guardian for the minor.
2. The parent requests appointment of an attorney and the court determines that the parent is unable to pay for an attorney in accordance with section 232D.505.
2019 Acts, ch 56, §14, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.305 - Court visitor.

232D.305 Court visitor.
1. The court may appoint a court visitor for the minor.
2. The same person shall not serve both as the attorney representing the minor and as court visitor.
3. Unless otherwise enlarged or circumscribed by the court, the duties of a court visitor with respect to the minor shall include all of the following:
a. Conducting, if the minor’s age is appropriate, an initial in-person interview with the minor.
b. Explaining to the minor, if the minor’s age is appropriate, the substance of the petition, the purpose and effect of the guardianship proceeding, the rights of the minor at the hearing, and the general powers and duties of a guardian.
c. Determining, if the minor’s age is appropriate, the views of the minor regarding the proposed guardian, the proposed guardian’s powers and duties, and the scope and duration of the proposed guardianship.
d. Interviewing the parent or parents and any other person with legal responsibility for the custody, care, or both, of the minor.
e. Interviewing the petitioner, and if the petitioner is not the proposed guardian, interviewing the proposed guardian.
f. Visiting, to the extent feasible, the residence where it is reasonably believed that the minor will live if the guardian is appointed.
g. Making any other investigation the court directs, including but not limited to interviewing any persons providing medical, mental health, educational, social, or other services to the minor.
4. The court visitor shall submit a written report to the court that contains all of the following:
a. A recommendation regarding the appropriateness of a guardianship for the minor.
b. A statement of the qualifications of the guardian together with a statement of whether the minor has expressed agreement with the appointment of the proposed guardian.
c. Any other matters the court visitor deems relevant to the petition for guardianship and the best interests of the minor.
d. Any other matters the court directs.
5. The report of the court visitor shall be made part of the court record unless otherwise ordered by the court.
2019 Acts, ch 56, §15, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.306 - Hearing on petition.

232D.306 Hearing on petition.
1. The court shall fix the time and place of hearing on the petition and shall prescribe a time not less than twenty days after the date the notice is served unless the court finds there is good cause shown to shorten the time period. The court shall also prescribe the manner of service of the notice of such hearing.
2. The minor who is the subject of a petition filed pursuant to section 232D.301 shall be entitled to attend the hearing on the petition if the minor is of an age appropriate to attend the hearing. A presumption shall exist that a minor fourteen years of age or older is of an age appropriate to attend the hearing.
3. The court shall not exclude a minor entitled to attend the hearing under subsection 2 unless the court finds that there is good cause shown for excluding the minor from attendance.
2019 Acts, ch 56, §16, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.307 - Background checks of proposed guardians.

232D.307 Background checks of proposed guardians.
1. The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sex offender registries in this state for all proposed guardians other than financial institutions with Iowa trust powers unless a proposed guardian has undergone the required background checks in this section within the twelve months prior to the filing of a petition.
2. The court shall review the results of background checks in determining the suitability of a proposed guardian for appointment.
3. The judicial branch in conjunction with the department of public safety, the department of human services, and the state chief information officer shall establish procedures for electronic access to the single contact repository necessary to conduct background checks requested under subsection 1.
4. The person who files a petition for appointment of guardian for a minor shall be responsible for paying the fee for the background check conducted through the single contact repository unless the court waives the fee for good cause shown.
2019 Acts, ch 56, §17, 44, 45
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.308 - Selection of guardian — qualifications and preferences.

232D.308 Selection of guardian — qualifications and preferences.
1. The court shall appoint as guardian a qualified and suitable person who is willing to serve subject to the preferences as to the appointment of a guardian set forth in subsections 2 and 3.
2. In appointing a guardian for a minor, the court shall give preference to a person, if qualified and suitable, nominated as guardian for a minor by a will that was executed by the parent or parents having legal custody of the minor at the time of the parent’s or parents’ death, and that was admitted to probate under chapter 633.
3. In appointing a guardian for a minor, the court shall give preference, if qualified and suitable, to a person requested by a minor fourteen years of age or older.
2019 Acts, ch 56, §18, 44, 45
Referred to in §232.101A
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45