Concurrent Jurisdiction

8:00 a.m. - 9:00 a.m.

Presented by:Sara Strain LinderBray & Klockau PLC402 S Linn StIowa City, IA 52240Phone: 319-338-7968

Friday, September 9, 2016Friday, September 9, 2016Friday, September 9, 2016Friday, September 9, 2016Friday, September 9, 2016Friday, September 9, 2016Friday, September 9, 2016Friday, September 9, 2016Friday, September 9, 2016

Concurrent Jurisdiction: Juvenile Cases Impacting Other Cases

1. Legal Background – 232.3 a. Exclusive Jurisdiction over children b. To receive orders in other actions, you need permission from the Juvenile Court

i. You can file, but the other court cannot issue an order ii. What does “pendency” mean?

1. Does the filing of a petition mean that other courts can’t enter orders?

2. Or is an adjudication required?

2. Child Custody a. Between parents

i. Divorce: Bifurcation 1. In re Marriage of Thatcher, 864 N.W.2d 533 (Iowa 2015) 2. Property division must be done at the same time as the divorce

decree 3. What about child custody?

a. Prior to Thatcher, judges would bifurcate the divorce and custody

b. 598.41 does not contain the same language as 598.21 that says it must be done contemporaneously

ii. Child Custody 1. District Court cannot take action until Juvenile Court grants

permission 2. Guess who are your main witnesses?

a. The Juvenile File i. The case workers

ii. Law prevents them from testifying unless directed by the court

1. Subpoenas do not overcome this 2. What do you do? You ask the judge to

direct the witness to answer iii. Bridge Orders 232.103A

1. When can you do this? a. Disposition has already happened b. No prior court orders between the parents c. Paternity established

i. Marriage ii. Court Order

iii. Birth certificate d. The Juvenile Court determines that the case can close if

there is the custodial order between the parents e. A parent qualifies for court appointed counsel

2. How do you do this? a. Somebody file a Motion b. Set the hearing 30 days after the Motion c. The parties get together and create a parenting plan and

submit it to the Court d. The Court then enters a Bridge Order transferring

jurisdiction e. The District Court enters a Decree

3. What if the parents don’t agree? a. Varies judge to judge b. Some judges feel that Juvenile Court is not set up for

contested custody cases between parents c. Some judges feel that Juvenile Court knows these families

best and should make the determination b. Guardianships

i. 232.3 applies here, too ii. 232.107 permanency

1. Like a Bridge Order 2. Juvenile Court enters the Order transferring it to the probate

court 3. GAL should sign a Notice Re: Guardianship Powers for the child 4. Then Guardian needs to sign Oath and Notice of powers 5. Then the probate court takes over

a. Initial Report b. Annual reporting thereafter c. If the parents want, they can contest the guardianship in

the probate court 3. Child Support

a. The State now has an interest i. It is providing services, so it wants to be reimbursed

ii. Therefore, a portion of the child support a parent receives may be reduced by the State’s cut

b. What happens if a child is placed in a “non-custodial” parent’s care? i. The Juvenile Court cannot establish child support

ii. The payor needs to get into district court 1. Concurrent jurisdiction is not needed for this 2. Special provision: 598.21C(1)(k)

a. Waives the filing fee 3. Notice

a. Something developed in the 6th District b. May not be needed as you could just include the

dispositional order 4. All this will do is suspend the child support, it cannot order the

other parent to pay

4. Disestablishment of Paternity a. Legal fathers are not necessary parties to CINA cases 232.91

In re Interest of J.C., 857 N.W.2d 495 (Iowa 2014) i. This means once someone is determined not to be a biological father, he

is dismissed from the case b. However, legal fathers may be on the hook for child support c. Additionally, a disestablishment may need to be done if there is a divorce

pending between mother and legal father i. Disestablishment must be done in District Court and need concurrent

Jurisdiction d. Use the CINA case to your advantage

i. Get DHS to do the DNA testing with court ordered funds ii. Re-use your GAL

1. GAL is required for disestablishment (Iowa Code 598.21E(3) ) 2. The GAL knows the circumstances because of the CINA 3. Therefore, the GAL won’t need to do a new fact investigation and

you won’t have to pay for someone else to acquire the information

5. No Contact Orders a. Between Parents

i. Can come from criminal cases or Chapter 236 cases ii. Parents can attend court – usually in order

iii. Parents cannot attend 1. Visits 2. Family team meetings 3. Foster Care Review Board 4. Parenting 5. Medical appointments 6. Substance abuse treatment

iv. What to do? 1. Seek a modification of the NCO 2. What is the DHS position? What is the GAL position?

b. Between Parents and Children i. Can come from criminal cases such as child endangerment

ii. Could come from a 236 case iii. Parents cannot attend

1. Visits 2. Medical Appointments 3. Can really stall any progress a parent may make

a. The original permanency goal is reunification with parent b. That can’t happen if the parent can’t have contact

iv. What do to? 1. Seek a modification of the NCO 2. A judge will really want to know the DHS and GAL positions

v. Constitutional Argument 1. Parents have fundamental constitutional rights to be parents 2. An NCO is issued only after probable cause of an act 3. Is that sufficient to infringe on a constitutional right?

6. Juvenile Delinquencies

a. In a JD, a child can be ordered to do services like a CINA i. Out of home placement

ii. Counseling iii. Substance abuse treatment

b. Usually the JCO and DHS work together c. Interesting intersections:

i. If a child refuses to do something in a CINA, he or she is usually not held in contempt

ii. If a child refuses to do something in a JD, he or she can be held in contempt or suffer other restrictions

iii. Delinquent acts while in treatment 1. If the child is assaulting staff or destroying facility property, it is

unlikely he or she will be charged 2. If the child commits something more serious, he or she could be

charged a. The adjudication takes place where the act occurred b. The disposition can be transferred to the county where the

CINA is Contact Information Sara Strain Linder Bray & Klockau, P.L.C. 402 S. Linn Street Iowa City, IA 52240 Ph: (319)338-7968 Fax: (319)354-4871 slinder@bkfamilylaw.com

IN THE IOWA DISTRICT COURT FOR MUSCATINE COUNTY

IN THE INTEREST OF ) Case No: JVJVXXXX ) CHILD, ) ) MOTION FOR CONCURRENT MINOR CHILD. ) JURISDICTION ________________________________________________________________ COMES NOW, the father, by and through his attorney, Sara

Strain Linder, and in support of his motion herein states:

1. On November 30, 2015, the Court placed the minor child

in the custody of his father.

2. On January 22, 2016, the minor child herein was

adjudicated as a child in need of assistance.

3. There is no custodial order entered in the District

Court between the parents as it relates to the custody of the

minor child herein.

4. There is an order relating to the provision of child

support for the minor child. The father requests that the Court

grant concurrent jurisdiction pursuant to Iowa Code § 232.3(2)

so that the parties may litigate the permanent custody of the

minor child.

5. It is in the best interests of the minor child that

concurrent jurisdiction be granted as there is no permanent

custodial order between these parents which will be needed

regardless of the outcome of the juvenile case.

6. No party would be prejudiced by the grant of concurrent

jurisdiction.

WHEREFORE, the father requests that the Court grant

concurrent jurisdiction pursuant to Iowa Code § 232.3(2) so that

the parties may litigate permanent custody of the minor child

herein.

Respectfully submitted this ___ day of __________, 2016.

_____________________________ Sara Strain Linder, AT0009286

BRAY & KLOCKAU, P.L.C. Attorney for Petitioner 402 South Linn Street Iowa City, Iowa 52240 Telephone:(319) 338-7968 Facsimile:(319) 354-4871

IN THE DISTRICT COURT OF IOWA, IN AND FOR MUSCATINE COUNTY (JUVENILE DIVISION)

IN THE INTEREST OF

CHILDREN

Children.

Juvenile No. “BRIDGE ORDER” TRANSFERRING JURISDICTION OF THE CHILD IN

INTEREST TO THE DISTRICT COURT

THERE COMES before the Court a request by the parties to transfer jurisdiction over the custody, physical care, and visitation of the children in interest to the district court in and for Muscatine County, Iowa. After affording parties the opportunity for notice and hearing and being fully apprised in the circumstances the Court FINDS:

1. The child in interest is under the jurisdiction of the Court having been adjudicated to be a children in need of assistance.

2. A dispositional order was entered herein pursuant to Iowa Code Section 232.101 or 232.102 placing custody of the children in interest with Cheryl George, the children’s parent, such being a safe placement for the children.

3. Upon transfer of custody, physical care and visitation to the district court, no services or supervision currently being provided by the juvenile court, the Iowa Department of Human Services, or their contracted provider agencies will be required. 4. A parent of the children qualified for a court appointed attorney in the CINA case, i.e., met the requirement for indigency as provided in Iowa Code Section 815.9.

5. The best interest of the children will be served by a transfer of jurisdiction of this

matter to the district court without the need for a continuation of the dispositional order in the juvenile case.

6. Upon transfer of jurisdiction of the children’s custody, physical care, and visitation to

the district court, the dispositional order entered herein may be terminated because the purposes of the order will have been accomplished and the children in interest will no longer be in need of supervision, care or treatment to be afforded by the juvenile court as provided in Iowa Code Section 232.103(4)(a).

7. MOTHER, the children’s mother, should be named as the “Petitioner” for purposes

of this bridge order; and FATHER, the children’s father, should be named as the “Respondent” for purposes of this bridge order and a separate decree be entered with said caption detailing the custody, physical care, and visitation to be ordered.

IT IS THEREFORE ORDERED as follows: 1. That jurisdiction over the custody, physical care and visitation of the children in

interest should be and is hereby transferred to the District Court of the State of Iowa in and for Muscatine County. The Clerk of the Juvenile Court in and for Muscatine County, Iowa, is directed to prepare a certified copy of all the filings herein including this order, and forward them to the Clerk of the District Court in and for Muscatine County, Iowa, as provided in Iowa Code Section 232.103A. The District Clerk shall maintain records from the juvenile case as confidential as provided in Iowa Code Section 232.147 for non-delinquency cases.

2. Upon receipt of this order, the Clerk of the District Court shall docket the matter as an appropriate domestic relations case. All filing fees and court costs normally associated with opening and maintaining a domestic relations case are hereby waived.

3. Upon docketing the domestic relations case in the district court, the clerk shall

present this matter to the juvenile court to enter an order terminating the dispositional order and closing the juvenile case.

Clerk to provide a copy of this order to the child, child’s parents, child’s guardian,

counsel of record, Iowa Department of Human Services, and District Clerk for Muscatine County, Iowa.

SO ORDERED this date.

IN THE IOWA DISTRICT COURT IN AND FOR MUSCATINE COUNTY JUVENILE DIVISION

IN THE INTEREST OF CHILDREN Children.

No. JV DRCV_______________ DECREE CONCERNING CHILD CUSTODY, PHYSICAL CARE, AND VISITATION PURSUANT TO A “BRIDGE ORDER”

After affording parties the opportunity for notice and hearing and being fully apprised in the circumstances the Juvenile Court has determined it appropriate to enter a “Bridge Order” Transferring Jurisdiction over the children in a Child in Need of Assistance case to the District Court and in so doing has made a determination as to custody, physical care, and visitation regarding the children of the Petitioner and Respondent. The court FINDS: 1. The best interest of the children in interest will be served by placing the children in the sole legal custody of MOTHER, the children’s mother. Clear and convincing evidence has been shown that it would not be in the children’s best interests to order the children into the joint legal custody of both parents. 2. The best interests of the children in interest will be served by placing the children in the primary physical care of MOTHER, the children’s mother. Joint physical care of the children under a shared placement arrangement is not in the children’s best interests because the father has failed to comply with the expectations in juvenile court and remains at fully supervised visitation, which he has not regularly exercised. The record in the juvenile court is clear that shared physical care is not in the children’s best interests at this time. 3(A). The best interests of the children in interest will be served by the visitation arrangement set forth in the Proposed Bridge Order Parenting Plan submitted in the Juvenile Proceeding and included herein by reference as though set forth in full herein. Pursuant to the parenting plan, visitation between FATHER, the children’s father, and the children shall be conditioned upon supervision by an approved family member. IT IS THEREFORE ORDERED that CHILDREN, the children in interest, are placed in the sole legal custody and primary physical care of MOTHER, the children’s mother, subject to visitation between the children and FATHER, the children’s father, as set forth in the Proposed Bridge Order Parenting Plan approved by the Juvenile Court, with visitation being supervised by an appropriate family member. Clerk to provide a copy of this Order to all of the parties in the underlying juvenile action.

IN THE IOWA DISTRICT COURT IN AND FOR MUSCATINE COUNTY JUVENILE DIVISION

IN THE INTEREST OF CHILDREN Children.

No. JV DRCV_______________ ORDER TRANSFERRING JURISDICTION OVER THE CHILDREN’S CUSTODY, PHYSICAL CARE AND VISITATION TO THE DISTRICT COURT THROUGH A BRIDGE ORDER PURSUANT TO IOWA CODE § 232.103A AND DISCHARGE ORDER

THERE COMES before the Court a request by the guardian ad Litem to transfer jurisdiction over the custody, physical care, and visitation of the child in interest to the District Court in and for Muscatine County, Iowa. After affording the parties the opportunity for notice and hearing and being fully apprised in the circumstances the Court FINDS: 1. The children in interest are under the jurisdiction of the Court having been adjudicated to be children in need of assistance. 2. A dispositional order was entered herein pursuant to Iowa Code Section 232.101 or 232.102 placing custody of the children in interest with Mother, the children’s parent, such being a safe placement for the children. 3. Upon transfer of custody, physical care and visitation to the district court, no services or supervision currently being provided by the juvenile court, the Iowa Department of Human Services, or their contracted provider agencies will be required. 4. A parent of the children qualified for a court appointed attorney in the CINA case, i.e., met the requirement for indigency as provided in Iowa Code Section 815.9. 5. The best interest of the children will be served by a transfer of jurisdiction of this matter to the district court without the need for a continuation of the dispositional order in the juvenile case. 6. Upon transfer of jurisdiction of the children’s custody, physical care, and visitation to the district court, the dispositional order entered herein may be terminated because the purposes of the order will have been accomplished and the children in interest will no longer be in need of supervision, care or treatment to be afforded by the juvenile court as provided in Iowa Code Section 232.103(4)(a).

7. MOTHER, the children’s mother, should be named as the “Petitioner” for purposes of this bridge order; and FATHER, the children’s father, should be named as the “Respondent” for purposes of this bridge order. 8. The best interest of the children in interest will be served by placing the children in the sole legal custody of the Petitioner, the children’s mother. Clear and convincing evidence has been shown that it would not be in the children’s best interests to order the children into the joint legal custody of both parents. 9. The best interest of the children in interest will be served by placing the children in the primary physical care of Mother, the children’s mother. Joint physical care of the children under a shared placement arrangement is not in the children’s best interests because the father continues to struggle with substance abuse issues and consistency with visitation. He has not complied with case plan expectations. 10. The best interest of the children in interest will be served by the following visitation arrangement with Father, the children’s father: The Guardian ad Litem has submitted a proposed parenting plan which sets forth the terms and conditions of custody and visitation. Such proposed parenting plan is adopted herein and made a part of this Order by reference as though set forth in full herein. Pursuant to the parenting plan, visitation between Father, the children’s father and the children shall be conditioned upon supervision by an approved family member. 11. The Court accepts the proposed parenting plan that has been submitted herewith and such terms are incorporated into this Order by reference thereto. IT IS THEREFORE ORDERED as follows: 1. That jurisdiction over the custody, physical care and visitation of the children in interest should be and is hereby transferred to the District Court of the State of Iowa in and for Muscatine County. Judicial notice of the juvenile case shall be taken in the district court case and the Clerk of Court shall relate the juvenile case to the district court case, as provided in the Iowa Code Section 232.103A for paper or electronic document viewing by the court. The District Court Clerk shall maintain records from the juvenile case as confidential as provided in Iowa Code Section 232.147 for non-delinquency cases. 2. Upon receipt of this order, the Clerk of the District Court shall docket the matter as an appropriate domestic relations case. All filing fees and court costs normally associated with opening and maintaining a domestic relations case are hereby waived. 3. Upon docketing the domestic relations case in the district court, the district court clerk shall advise the juvenile court clerk that the bridge order has been docketed. Upon notification to the juvenile court clerk that the matter has been duly docketed in the district court, the dispositional order(s) entered herein is hereby terminated, the children are discharged from the jurisdiction of the juvenile court, the Iowa Department of Human Services is relieved of any

further duties of supervision in the matter, counsel of record is hereby relieved of further duties of representation herein, all hearing scheduled before the juvenile court herein are canceled, and the juvenile case closed. 4. CHILD, DOB, and CHILD, DOB, the children in interest, are placed in the sole legal custody and in the primary physical care of Mother, the children’s mother, and subject to visitation between the children and Father, the children’s father, as is set forth in the parenting plan on file herein and incorporated as if attached hereto and which is approved by the Juvenile Court, with visitation being supervised by an approved family member. Clerk to provide a copy of this order to the child, children’s parents, children’s guardian, counsel of record, Iowa Department of Human Services, and District Clerk for Muscatine County, Iowa. SO ORDERED this DATE

IN THE IOWA DISTRICT COURT IN AND FOR MUSCATINE COUNTY JUVENILE DIVISION

IN THE INTEREST OF CHILDREN Children.

No. JVJV DRCV_______________ PARENTING PLAN

1. Information for the Court A. Children List all children born to or adopted by Petitioner and Respondent.

First, middle, & last initials of each child

Year of

Birth

(1)CHILD xxxx (2)CHILD xxxx

b. Mother is Petitioner.

Father is Respondent.

2. Plan A. Read these definitions of legal custody and physical care:

(1) Legal custody means a parent has legal rights and responsibilities for the child. These including making decisions about medical care, education, extracurricular activities, and religious instruction.

(2) Joint legal custody means both parents have equal legal rights and

responsibilities for the child. These include making decisions about medical care, education, extracurricular activities, and religious instruction.

(3) Physical care means providing the main home for the child and taking care

of the child. (4) Joint physical care means both parents have equal rights and

responsibilities for providing the main home for the child and taking care of the child.

B. Legal custody should be Check one

(1) ____ Joint legal custody to both parents pursuant to the care schedule as outlined below.

(2) _X_ Sole Legal Custody to Petitioner (3) ____ Sole Legal Custody to Respondent (4) ____

If the Court has checked Sole Legal Custody, the Court finds clear and

convincing evidence that Joint Legal Custody is unreasonable and not in the

best interests of the child to the extent that the legal relationship between the

child and a parent should be severed and all of the following factors apply

pursuant to Iowa Code Section 598.41(3):

_x_ Respondent would not be a suitable custodian for the child.

___ The psychological and emotional needs and the development of the

child would suffer due to lack of active contact with and attention from both

parents.

__ The parents cannot communicate with each other regarding the child’s

needs.

___ The Respondent/Petitioner cannot support the other parent’s relationship

with the child.

___ The child has strong opposition (if the child is age appropriate).

___ The Petitioner/Respondent is opposed to joint custody

___ The geographic proximity of the parents prohibits joint legal custody.

X The safety of the child, other children or the other parent will be

jeopardized by the awarding of joint custody or by unsupervised or

unrestricted visitation.

___ There is a history of domestic abuse, as defined in section 236.2.

___ The Petitioner/Respondent has allowed a person custody or control of, or

unsupervised access to a child after knowing the person is required to

register or is on the sex offender registry as a sex offender under chapter

692A.

C. Physical care should be Check one

(1) _X_ To Petitioner (2) ____ To Respondent (3) ____ Joint physical care to both parents If you check (3), identify the Joint

physical care schedule below: (4) (5)

D. Visitation - Use D only if one parent will have physical care. This is the schedule for the other parent to see the children.

(1) Visitation for Check one a. ____ Petitioner b. _X_ Respondent (2) Visitation Check a, b, or c.

a. ____ Visitation should not be allowed because: ___________________ ___________________________________________________________ ___________________________________________________________ b. _X_ Visitation should be supervised because: _Respondent’s instability and substance abuse_______________

The supervisor for visitation should be _Respondent’s sister or mother A visitation schedule will be arranged with the supervisor or as indicated in 2C(vi)

c. ____ Regular visitation schedule as the parents agree: Check all that apply.

i. ____ Reasonable visitation at the discretion of the custodial parent. ii. _X_ Weekend Visitation

The non-custodial parent shall have visitation every other weekend beginning at 12 pm on Saturday and continuing until 5 pm on that Saturday.

iii. _____ Weekday Visitation M Tu W Th F from ____ __m. to ____ __.m.

(3) Transportation. The parents will share equally in transportation of the

child(ren). Check all that apply a. ___ The parents will agree about arrangements for transportation, pick up

and drop off for each visit.

b. X The non-custodial parent will pick up the children at the custodial parent’s residence at the beginning of visitation and the custodial parent will pick up the children from the non-custodial parent’s residence at the end of visitation.

c. X Only certain people are approved to assist with transportation. Other than Petitioner and Respondent, only the following persons are permitted to transport the child(ren): Respondent’s mother, Respondent’s sister, Petitioner’s mother, ________________________________________________________________

d. ___ Other arrangements for visitation For example, Petitioner and Respondent will meet at a location between their residences. Explain: __________________ ________________________________________________________________

(4) The parent not having care of the children may contact the children by Check all that apply a. X As the parents agree b. ___ Calling the children

Check one i. ___ At reasonable hours as determined by the parents.

__ a.m. __ p.m. ii. ___ Any day from _______ __ p.m. to ________ __ p.m.

Phone number (______) ____________________ Phone number where children can be contacted.

c. ___ Emailing the children at this address: _____________________________ Email where children can be contacted.

d. ___ Other Explain ________________________________________________

(5) Changes to the schedule Check all that apply a. X The parties may agree to additional visitation or changes to the

schedule, such agreements should be put into writing. b. ___ If one parent fails to arrive at the appointed time, then the other parent

will wait for at least ______ minutes before canceling the visit. c. ___ No changes allowed except by a court order. d. ___ Other Explain

________________________________________________ _______________________________________________________________ _______________________________________________________________

3. Oaths and Signatures

A. Petitioner’s Oath and Signature

I,___________________________, certify under penalty of perjury and pursuant to the

Print Petitioner’s name

laws of the State of Iowa that I have read this Parenting Plan, and I agree with the Plan. I ask the court to adopt this Parenting Plan. ________________________________________________________________________ Month Day Year Petitioner’s signature* _____________________________________________________________________ Mailing address City State ZIP code ( )_______________ ____________________________ Phone number Email address ____________________________ Additional email address – if available * Whether filing electronically or in paper, you must handwrite your signature on this form. If you are

filing electronically, scan the form after signing it and then file electronically.

B. Respondent’s Oath and Signature

I,___________________________, certify under penalty of perjury and pursuant to the

Print Respondent’s name

laws of the State of Iowa that I have read this Parenting Plan, and I agree with the Plan. I ask the court to adopt this Parenting Plan. ________________________________________________________________________ Month Day Year Respondent’s signature* _____________________________________________________________________Mailing address City State ZIP code ( )_______________ ____________________________ Phone number Email address ____________________________ Additional email address – if available

C. Guardian ad Litem’s Approval of Plan

I,_____________________, am the Guardian ad Litem appointed in this matter for the minor child. I have prepared the above proposed Parenting Plan, and I agree with the Plan. I ask the court to adopt this Parenting Plan.

Date: ___________________________________________________ (Guardian ad Litem signature block) D. DHS Approval of Plan

I,______________, the DHS worker assigned to this case have reviewed the above Parenting Plan, find it to be appropriate as proposed and ask that the Court adopt the Parenting Plan. Date: ___________________________________________________ (DHS signature block) E. State’s Approval of Plan

I, _____________________, am the Assistant County Attorney assigned to this case. I have reviewed the above Parenting Plan as proposed above, find it to be appropriate, and ask that the Court adopt it. Date: ___________________________________________________

(Asst. County Attorney Signature Block) * Whether filing electronically or in paper, you must handwrite your signature on this form. If you are

filing electronically, scan the form after signing it and then file electronically.

IN THE IOWA DISTRICT COURT IN AND FOR MUSCATINE COUNTY JUVENILE DIVISION

IN THE INTEREST OF: ) Juvenile No. JVJV00xxxx CHILD, )

NOTICE RE GUARDIANSHIP POWERS

A Minor Child. )

To: CHILD, Proposed Ward: You are hereby given written notice of guardianship powers pursuant to Iowa Code Section 633.562. If a guardian is appointed for you, the guardian may, without court approval provide for your care, manage your personal property, and effects, assist you in developing self-reliance and receiving professional care, counseling, treatment or services as needed, and ensure that you receive necessary emergency medical services. You are also advised that, upon the Court’s approval, the guardian may change your permanent residence to a more restrictive residence, and arrange for major elective surgery or any other non-emergency major medical procedure. YOU ARE HEREBY NOTIFIED THAT IN A PROCEEDING FOR THE APPOINTMENT OF A GUARDIAN FOR YOU AS A CHILD, YOU ARE ENTITLED TO REPRESENTATION. IF YOU ARE INDIGENT OR INCAPALBE OF REQUESTING COUNSEL, THE COURT SHALL APPOINT AN ATTORNEY TO REPRESENT YOU AND, IF YOU ARE INDIGENT, THE APPOINTMENT OF SUCH COUNSEL SHALL BE AT THE COUNTY’S EXPENSE, IF YOU ARE A MINOR, THE COURT SHALL DETERMINE WHETHER, UNDER THE CIRCUMSTANCES OF THE CASE, YOU ARE ENTITLED TO REPRESENTATION. THE DETERMINATION REGARDING REPRESENTATION SHALL BE MADE ONLY AFTER SUCH NOTICE TO YOU IS MADE AS THE COURT DEEMS NECESSARY. YOU HAVE A RIGHT TO COUNSEL IF YOU SO CHOOSE, YOU MAY USE YOUR OWN ATTORNEY INSTEAD OF AN ATTORNEY APPOINTED BY THE COURT, AND YOU HAVE A RIGHT TO BE PERSONALLY PRESENT AT ALL PROCEEDINGS. THE APPOINTMENT OF A GUARDIAN FOR YOU INVOLVES A POTENTIAL DEPRIVATION OF YOUR CIVIL RIGHTS. The proposed ward, by and through her Attorney herein acknowledges receipt of the above notice this ____ day of December, 2015.

_________________________________

Sara Strain Linder, AT0009286 BRAY & KLOCKAU, P.L.C. 402 South Linn Street Iowa City, Iowa 52240-4929 Telephone: (319) 338-7968 Facsimile: (319) 354-4871 slinder@bkfamilylaw.com ATTORNEY FOR MINOR CHILD

IN THE IOWA DISTRICT COURT IN AND FOR MUSCATINE COUNTY

IN THE INTEREST OF: ) No. ______________ CHILD, ) NOTICE OF PROBATE GUARDIAN’S A Minor Child. ) RESPONSIBILITIES AND OTHER DUTIES )

To: GUARDIAN, Proposed Guardian: Pursuant to Iowa Code Section 232.104(7)(b), you are hereby notified that if as proposed, you are appointed by the probate court as the guardian of the child in interest, you will have certain reporting and other duties concerning the ward. Iowa Code Section 633.3(20) provides that a “guardian” is “the person appointed by the court to have the custody of the person of the ward under the provisions of this probate code.” Iowa Code Section 633.562 requires that a proposed ward be provided with written notice of your guardianship powers as follows: that the guardian may, without court approval, provide for the care of the ward, manage the ward’s personal property and effects, assist the ward in developing self-reliance and receiving professional care, counseling, treatment or services as needed, and ensure that the ward receives necessary emergency medical services; and that with prior court approval the guardian may change the ward’s permanent residence to a more restrictive residence and arrange for major elective surgery or any other nonemergency major medical procedure. The notice must also state in bold face type of a minimum of ten points of the right to counsel and potential deprivation of the proposed ward’s civil rights. The notice must also state that the ward may use his or her own attorney rather than the one appointed by the court. A copy of such notice is attached. Iowa Code Section 633.635 provides that as guardian for the ward you have the following responsibilities to the ward: those which the court may grant and be exercised without prior court approval and those which require prior court approval. Those that the court may grant and may be exercised by the guardian

without prior court approval include: (a) providing for the care, comfort and maintenance of the ward, including the appropriate training and education to maximize the ward’s potential; (b) taking reasonable care of the ward’s clothing, furniture, vehicle and other personal effects; (c) assisting the ward in developing maximum self-reliance and independence; (d) ensuring the ward receives necessary emergency medical services; (e) ensuring the ward receives professional care, counseling, treatment or services as needed with anesthesia if required; and (f) any other powers or duties the court may specify. Those that the court may grant but must be exercised only with prior court approval include the following: (a) changing, at the guardian’s request, the ward’s permanent address if the proposed new residence is more restrictive of the ward’s liberties that the current residence; (b) arranging the provision of major elective surgery or any other nonemergency major medical procedure; and (c) consenting to the withholding or withdrawal of life-sustaining procedures in accordance with chapter 144A. Iowa Code Section 633.669(1) provides that as guardian for the ward you have the following reporting responsibilities: the guardian is to file an initial report within 60 days of appointment and annual report within 90 days of the close of the reporting period, and a final report within 30 days of termination of the guardianship. The reports must include the ward’s current mental and physical condition, the present living arrangement of the ward, including a description of each residence where the ward has resided during the reporting period, a summary of the medical, education, vocation and other professional services provided for the ward, a description of the guardian’s visits with and activities on behalf of the ward, a recommendation as to the need for continued guardianship, and any other information requested by the court or useful in the opinion of the guardian. A simplified reporting form is attached and contained in the Iowa Court Rules, Chapter 7, Form 7.11. Iowa Code Section 633.669(4) provides that the clerk of the court shall provide information and assistance to the guardian in filing of reports. NOTIFICATON MADE this date.

IN THE IOWA DISTRICT COURT FOR MUSCATINE COUNTY JUVENILE DIVISION

IN THE INTEREST OF: ) Juvenile No. JVJV00xxxx CHILD ) ORDER ESTABLISHING GUARDIANSHIP A Minor Child. )

On this date, pursuant to Iowa Code Section 232.104(7)(b),

the Court has appointed Guardian as the proposed guardian for

the minor child.

IT IS THEREFORE ORDERED that upon the proposed guardian

filing an oath of office and identification pursuant to Section

602.611, the Clerk shall issue Letters of Appointment for the

guardianship and docket the case in probate.

IN THE IOWA DISTRICT COURT FOR MUSCATINE COUNTY

IN THE MATTER OF ) No. ________________ THE GUARDIANSHIP AND ) CONSERVATORSHIP OF COURT OFFICER'S OATH INDIVIDUAL (STATUTORY) CHILD, ) Proposed Ward. ) ________________________________________________________________ I, the undersigned, do solemnly swear (or affirm) that as a Court Officer and as Fiduciary in the above matter, I will faithfully discharge the duties imposed by law, including the duty to account, to the best of ability. I certify under penalties of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Dated: ______________________ _______________________________ GUARDIAN

IN THE IOWA DISTRICT COURT FOR MUSCATINE COUNTY

IN THE INTEREST OF ) Case No: JVJV00xxx ) CHILD, ) ) APPLICATION FOR NOTICE MINOR CHILD. ) REGARDING CHILD SUPPORT ________________________________________________________________ COMES NOW, the father, by and through his attorney, Sara

Strain Linder, and in support of his application herein states:

1. In the March 2, 2016, Dispositional Order, the Juvenile

Court transferred custody of the minor child from the mother to

the father.

2. In Muscatine County case DRCV0xxxx the father has been

previously ordered to pay child support for the minor child.

3. As the minor child is now in the custody of the father,

equity dictates that he should no longer be ordered to pay child

support.

4. The father requests that the Juvenile Court issue a

notice of suspension of child support. See A.R. v. The Iowa

District Court for Johnson County, 820 NW2d 770 (Iowa Ct. App.

2011).

5. The mother, through counsel, objects to the father’s

application and requests hearing on this matter.

WHEREFORE the father requests that the Court set a hearing

on his application and following said hearing issue the notice

to suspend child support and such other relief as just and fair

under the circumstances.

Respectfully submitted this ___ day of __________, 2016.

_____________________________ Sara Strain Linder, AT0009286

BRAY & KLOCKAU, P.L.C. Attorney for Petitioner 402 South Linn Street Iowa City, Iowa 52240 Telephone:(319) 338-7968 Facsimile:(319) 354-4871

IN THE IOWA DISTRICT COURT FOR MUSCATINE COUNTY

IN THE INTEREST OF ) Case No: JVJV00xxxx ) CHILD, ) ) NOTICE OF SUSPENSION MINOR CHILD. ) OF CHILD SUPPORT ________________________________________________________________ Pursuant to a dispositional order, this Court has now

transferred custody of the above child from MOTHER to FATHER.

Based on this change of custodian, the Juvenile Court requests

that the District Court enter a suspension of child support for

the court-ordered custodian of the child who has an existing

child support obligation. The parties are directed to provide to

the District Court the appropriate names and case files that

establish the current child support obligation for the court-

ordered custodian, a copy of this Notice, and the attached Order

so that an appropriate suspension of support may be entered by

the District Court.

Clerk to notify.

IN THE IOWA DISTRICT COURT IN AND FOR MUSCATINE COUNTY

STATE OF IOWA, EX REL., ) CHILDREN, ) EQUITY NO. DRCV0xxxxx PETITIONER, ) ) APPLICATION TO MODIFY VS. ) CHILD SUPPORT ) FATHER, ) RESPONDENT. ) ________________________________________________________________ COMES NOW Respondent by and through his attorney and in

support of his application pursuant to Iowa Code § 598.21C

states as follows:

1. The youngest child of Respondent is subject to a Child

in Need of Assistance action in Muscatine County.

2. Pursuant to a Dispositional Order, the Juvenile Court

has placed custody of the minor child, CHILD, with Respondent.

Notice from the Juvenile Court is attached hereto.

3. Pursuant to Iowa Code § 598.21C(i)(k), Respondent

requests that the Court suspend his child support as it relates

to CHILD.

WHEREFORE the Respondent requests that the Court set his

application for hearing and at the time of hearing grant his

application and such other relief is just and equitable in the

circumstances.

Respectfully submitted this ____ day of April, 2016.

____________________________ Sara Strain Linder AT0009286 BRAY & KLOCKAU, P.L.C. 402 South Linn Street Iowa City, Iowa 52240-4929 Telephone: (319) 338-7968 Facsimile: (319) 354-4871

IN THE IOWA DISTRICT COURT IN AND FOR MUSCATINE COUNTY

STATE OF IOWA, EX REL., ) CHILDREN, ) EQUITY NO. DRCV0xxxx PETITIONER, ) ORDER REGARDING ) APPLICATION TO MODIFY VS. ) CHILD SUPPORT ) FATHER, ) RESPONDENT. ) ________________________________________________________________ The Court having received Respondent’s Application to

Modify Child Support and having heard the arguments of the

parties hereby finds that the Application to Modify Child

Support should be granted.

IT IS THEREFORE ORDERED that Respondent is to pay child

support in the amount of x per month for current child support

and x per month toward his arrearages.