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Iowa Code § 232.118

Removal of guardian

Applied in 1 court decision — leading case In the Interest of A.P., Minor Child (2018)

Most recently applied in In the Interest of A.P., Minor Child (June 2018)

[C79, §232.116; C81, §232.118]

1. Upon application of an interested party or upon the court’s own motion, the court having jurisdiction of the child may, after notice to the parties and a hearing, remove a court-appointed guardian and appoint a guardian in accordance with the provisions of section 232.117, subsection 3.

a. The moving party or a party opposed to the actions of the guardian has the burden to establish that the court-appointed guardian failed to act in the child’s best interests by unreasonably or irresponsibly failing to discharge the guardian’s duties in finding a suitable adoptive home for the child.

b. The court shall give deference to the decision of the guardian.

2. A child fourteen years of age or older who has not been adopted but who is placed in a satisfactory foster home may, with the consent of the foster parents, join with the guardian appointed by the court in an application to the court to remove the existing guardian and appoint the foster parents as guardians of the child.

3. The authority of a guardian appointed by the court terminates when the child reaches the age of majority or is adopted.

88 Acts, ch 1134, §53; 2022 Acts, ch 1098, §62

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.