The bill S.95, introduced by Senator Hashim, aims to create a legal framework for standby guardianships for children whose custodial parents are impacted by adverse immigration actions. It amends existing laws to define "child in need of guardianship" to include circumstances where a custodial parent is unavailable due to immigration issues. The bill introduces new terms such as "standby guardianship" and "adverse immigration action," and outlines the petition process for guardianship, which requires a consent form from the custodial parent acknowledging their understanding of the standby guardianship's nature and its dependency on facing immigration actions.

Furthermore, S.95 modifies the procedures for guardianship petitions, allowing for emergency petitions and enabling custodial parents to participate in hearings remotely. It establishes the responsibilities of guardians and mandates reporting to custodial parents, emphasizing the child's best interests with a rebuttable presumption that guardianship is in the child's best interests if the custodial parent is unavailable due to immigration issues. The bill also includes specific provisions for both consensual and nonconsensual guardianships, detailing the conditions under which a motion to terminate guardianship can be filed and the requirements for court proceedings. The bill is set to take effect upon passage.

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