This bill proposes several updates to the current statutes regarding the appointment of guardians for minors. Under the new provisions, the court may appoint a guardian if it finds that the appointment is in the minor's best interest and one of the following conditions is met: (1) each living parent consents after being fully informed, (2) the parental rights of the living parents have been terminated, or (3) the minor is at least 16 years old, not involved in an open dependency case, and no parent is willing or able to act as a guardian. Additionally, the bill exempts petitioners from notifying living parents if they cannot be located after a diligent search, provided the minor meets the age and dependency criteria.
The bill also mandates that notice of the guardianship hearing must include a statement of the right to object and a description of the powers and duties of a guardian. If notice is not served to any living parent, the court must determine whether due diligence was exercised in attempting to locate them. Furthermore, the court is granted the authority to extend the appointment of a temporary guardian if it is deemed in the best interest of the minor, and it may appoint an attorney to represent the minor if their interests are inadequately represented during the proceedings.
Statutes affected: Introduced Version: 14-5204, 14-5207, 14-5202, 14-5203
House Engrossed Version: 14-5204, 14-5207, 14-5202, 14-5203