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
Structure Iowa Code
Chapter 232D - MINOR GUARDIANSHIPS
Section 232D.101 - Short title.
Section 232D.102 - Definitions.
Section 232D.103 - Jurisdiction.
Section 232D.105 - Proceedings governed by other law.
Section 232D.106 - Applicability of rules of civil procedure.
Section 232D.201 - Termination of parental rights and child in need of assistance cases.
Section 232D.202 - Death of parents.
Section 232D.203 - Guardianship with parental consent.
Section 232D.204 - Guardianship without parental consent.
Section 232D.303 - Attorney for minor.
Section 232D.304 - Attorney for parent.
Section 232D.305 - Court visitor.
Section 232D.306 - Hearing on petition.
Section 232D.307 - Background checks of proposed guardians.
Section 232D.308 - Selection of guardian — qualifications and preferences.
Section 232D.309 - Emergency appointment of temporary guardian.
Section 232D.310 - Appointment of a guardian for a minor on a standby basis.
Section 232D.311 - Appointment of guardian for minor approaching majority on a standby basis.
Section 232D.401 - Order appointing guardian and powers of guardian.
Section 232D.402 - Duties and responsibilities of guardian.
Section 232D.501 - Reports of guardian.
Section 232D.502 - Removal of guardian — appointment of successor guardian.
Section 232D.503 - Termination and modification of guardianships.