1. The court may appoint a guardian for a minor without the consent of the parent or parents having legal custody of the minor if the court finds by clear and convincing evidence all of the following:
- a. There is a person serving as a de facto guardian of the minor.
b. There has been a demonstrated lack of consistent parental participation in the life of the minor by the parent. In determining whether a parent has demonstrated a lack of consistent participation in the minor’s life, the court may consider all of the following:
- (1) The intent of the parent in placing the custody, care, and supervision of the minor with the person petitioning as a de facto guardian and the facts and circumstances regarding such placement.
- (2) The amount of communication and visitation of the parent with the minor during the alleged de facto guardianship.
- (3) Any refusal of the parent to comply with conditions for retaining custody of the minor set forth in any previous court orders.
2. The court may appoint a guardian for a minor without the consent of the parent or parents having legal custody of the minor if the court finds by clear and convincing evidence all of the following:
- a. No parent having legal custody of the minor is willing or able to exercise the power the court will grant to the guardian if the court appoints a guardian.
- b. Appointment of a guardian for the minor is in the best interest of the minor.
- 3. Prior to granting a petition for guardianship, the court shall consider whether the filing of a child in need of assistance petition is appropriate under section 232.87. If the court determines a child in need of assistance petition is not appropriate, the court shall make findings of why a child in need of assistance petition is not appropriate.
- 4. A proceeding under this section shall not create a new eligibility category for the department of health and human services protective services.
2019 Acts, ch 56, §10, 44, 45; 2023 Acts, ch 19, §652
Referred to in §232D.503