Iowa Code 232.101A – Appointment of guardian
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1. After a dispositional hearing the court may close the child in need of assistance case and appoint a guardian pursuant to sections 232D.308 and 232D.401 if all of the following conditions are met:
a. The person receiving guardianship meets the definition of custodian in section 232.2.
b. The person receiving guardianship has assumed responsibility for the child prior to filing of the petition under this subchapter and has maintained placement of the child since the filing of the petition under this subchapter.
c. The parent of the child does not appear at the dispositional hearing, or the parent appears at the dispositional hearing, does not object to the transfer of guardianship, and agrees to waive the requirement for making reasonable efforts as defined in section 232.102.
Terms Used In Iowa Code 232.101A
- Child: means any person under the age of eighteen years. See Iowa Code 232.68
- Child in need of assistance: means a child who has been found to meet the grounds for adjudication pursuant to section 232. See Iowa Code 232.2
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Court: means the juvenile court established under section 602. See Iowa Code 232.2
- Custodian: means a stepparent or a relative within the fourth degree of consanguinity to a child who has assumed responsibility for that child, a person who has accepted a release of custody pursuant to subchapter IV, or a person appointed by a court or juvenile court having jurisdiction over a child. See Iowa Code 232.2
- Dispositional hearing: means a hearing held after an adjudication to determine what dispositional order should be made. See Iowa Code 232.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: means a person who is not the parent of a child, but who has been appointed by a court having jurisdiction over the child, to have a permanent self-sustaining relationship with the child and to make important decisions which have a permanent effect on the life and development of that child and to promote the general welfare of that child. See Iowa Code 232.2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means a biological or adoptive mother or father of a child; or a father whose paternity has been established by operation of law due to the individual's marriage to the mother at the time of conception, birth, or at any time during the period between conception and birth of the child, by order of a court of competent jurisdiction, or by administrative order when authorized by state law. See Iowa Code 232.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Petition: means a pleading the filing of which initiates formal judicial proceedings in the juvenile court. See Iowa Code 232.2
2. If the court appoints a guardian pursuant to subsection 1, the court may close the child in need of assistance case. The court shall inform the proposed guardian of the guardian’s reporting duties under section 232D.501 and other duties under chapter 232D. The court shall direct the clerk of court, once the proposed guardian has filed an oath of office and identification, to issue letters of appointment for guardianship.