§ 232D.309 — Emergency appointment of temporary guardian

Iowa § 232D.309

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 232D: MINOR GUARDIANSHIPS

Text

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
thosenecessarytoaddresstheemergencysituationrequiringtheappointmentofatemporary
guardian.
7. The ex parte order shall terminate within thirty days after the order is issued.
8. The court may order an extension of the temporary guardianship for up to sixty days
for good cause shown, including a showing that a hearing on a petition for a guardianship
under section 232D.301 cannot be scheduled within sixty days after the order for a temporary
guardianship is issued. Prior to or contemporaneously with the filing for an application for
the extension of time, the guardian shall file a report with the court setting forth all of the
following:
a. All actions conducted by the guardian on behalf of the minor from the time of the initial
appointment of the guardian up to the time of the report.
b. All actions that the guardian plans to conduct on behalf of the minor during the
sixty-day extension period.
9. The temporary guardian shall submit any other report the court requires.