232D.309 Emergency appointment of temporary guardian.
1. A person authorized to file a petition under section 232D.301 may file a petition for the emergency appointment of a temporary guardian for the minor.
2. The petition shall state all of the following:
a. The name and address of the minor and the birthdate of the minor.
b. The name and address of the living parents of the minor, if known.
c. The name and address of any other person legally responsible for the custody or care of the minor, if known.
d. The reason the emergency appointment of a temporary guardian is sought.
3. The court may enter an ex parte order appointing a temporary guardian for a minor on an emergency basis under this section if the court finds that all of the following are met:
a. There is not sufficient time to file a petition and hold a hearing pursuant to section 232D.301.
b. The appointment of temporary guardian is necessary to avoid immediate or irreparable harm to the minor.
4. Notice of the emergency appointment of a temporary guardian shall be provided to persons required to be listed in the petition under subsection 2.
5. The parents of the minor and any other person legally responsible for the custody or care of the minor may file a written request for a hearing. Such hearing shall be held no later than seven days after the filing of the written request.
6. The powers of the temporary guardian set forth in the ex parte order shall be limited to those necessary to address the emergency situation requiring the appointment of a temporary guardian.
7. The ex parte order shall terminate within thirty days after the order is issued.
2019 Acts, ch 56, §19, 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
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.