Bill S.95, introduced by Senator Hashim, seeks to establish standby guardianships for children whose custodial parents are impacted by adverse immigration actions. The bill amends existing laws to define "standby guardianship" and "adverse immigration action," allowing custodial parents to designate a guardian in anticipation of being unavailable due to immigration issues. Key provisions include a requirement for signed consent from the custodial parent, acknowledging their understanding of the guardianship's nature and the circumstances necessitating it. The bill also outlines the petition process for guardianship, detailing the necessary information, such as the reasons for seeking guardianship and the specific adverse immigration action involved.

Additionally, the bill introduces emergency guardianship petitions for expedited hearings when a custodial parent is detained due to immigration actions. It mandates that the court must find clear and convincing evidence to grant a standby guardianship, ensuring the child's well-being and the proposed guardian's suitability. The amendments also emphasize the importance of keeping the custodial parent informed about the guardianship's status and any changes. The bill further amends guardianship laws to include provisions for standby guardianships under section 2626a, allowing for non-standard filings and remote participation in hearings. Overall, S.95 aims to create a legal framework that safeguards the welfare of children in situations where their parents face immigration-related challenges.

Statutes affected:
As Introduced: 14-2622, 14-2623, 14-2625, 14-2628, 14-2629, 14-2632