Iowa Code 232D.305 – Court visitor
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1. The court may appoint a court visitor for the minor.
Terms Used In Iowa Code 232D.305
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.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: 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.
- 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
- Petitioner: includes each dependent person for whom support is sought in a proceeding instituted pursuant to this chapter or a mother or putative father of a dependent. See Iowa Code 252A.2
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.