The bill S.95, introduced by Senator Hashim, aims to establish 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 such actions. The bill introduces new terms like "standby guardianship" and "adverse immigration action," and outlines the petition process for guardianship, which requires a consent form from the custodial parent indicating their understanding and agreement to the standby guardianship contingent upon facing immigration challenges.

Furthermore, the bill modifies the procedures for guardianship petitions, allowing for emergency petitions and enabling custodial parents to participate in hearings remotely. It clarifies the responsibilities of guardians and the process for terminating guardianships, ensuring that the best interests of the child are prioritized, especially in cases involving immigration-related issues. The amendments also stipulate that if a motion to terminate a consensual guardianship is filed, the court must grant it unless the guardian files a motion to continue within 30 days, and for nonconsensual guardianships, a motion to terminate can only proceed if the parent shows a change in circumstances. 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