SB 706

Introduction

Current law permits the court assigned to exercise jurisdiction under the

Children's Code (juvenile court) to appoint a guardian of the person of a child under

the Children's Code only under certain circumstances, including:

1. When a child does not have a living parent and a finding as to the adoptability

of the child is sought.

2. When a child who has been adjudged to be in need of protection or services

under the Children's Code, or adjudged to be in need of protection or services under

the Juvenile Justice Code on the grounds of uncontrollability, and placed outside the

home is likely to be placed in the home of the guardian for an extended period or until

the child attains the age of 18 years, it is not in the best interests of the child that

a petition for termination of parental rights be filed, and the child's parent is

neglecting, refusing, or unable to carry out the duties of a guardian (protection or

services guardianship).

3. When a parent wishes to have a standby guardian appointed to assume the

duties and authority of guardianship on the incapacity or debilitation of the parent.

Under any other circumstances, however, the chapter of the statutes governing

guardianships generally, which include guardianships of the estates of children and

guardianships of the persons and estates of adults who are found incompetent,

govern a guardianship of the person of a child.

This bill removes guardianships of the persons of children from the chapter of

the statutes governing guardianships generally and instead creates a new provision

in the Children's Code that may be used for the appointment of a guardian of the

person of a child. The bill also makes certain changes relating to protection or

services guardianships and permits a parent, guardian, or legal custodian to

delegate by a power of attorney his or her powers regarding the care and custody of

a child.

The bill

Types of guardianships

Full guardianships.

Under the bill, the juvenile court may appoint a

guardian to be a child's full guardian when the child's parents are unfit, unwilling,

or unable to provide for the care, custody, and control of the child or when other

compelling facts and circumstances demonstrate that a full guardianship is

necessary.

Under current law, a full guardian has the duty and authority to make

important decisions in matters having a permanent effect on the life and

development of the child and the duty to be concerned about the child's general

welfare. Those duties and authority include: 1) the authority to consent to marriage,

enlistment in the U.S. Armed Forces, major medical, psychiatric, and surgical