Appointment of a successor guardian for a child in need of protection or services and eligibility of a successor guardian for subsidized guardianship payments, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)

Current law also permits a county department or DCF to provide monthly subsidized guardianship payments for a period of up to 12 months to an interim caretaker on the death, incapacity, resignation, or removal of a subsidized guardian if the interim caretaker meets certain conditions, including passing a home inspection and a criminal background investigation.

This bill permits a subsidized guardianship agreement or an amended subsidized guardianship agreement to also name a prospective successor guardian to assume the duty and authority of guardianship on the death or incapacity of the subsidized guardian. A person so named as a prospective successor guardian is eligible for monthly subsidized guardianship payments only if the subsidized guardianship agreement or amended subsidized guardianship agreement was entered into before the death or incapacity of the subsidized guardian and if certain other conditions are met, including the conditions that:

1. The county department or DCF determines that the child, if 14 years of age or over, has been consulted with regarding the successor guardianship arrangement.

2. The county department or DCF determines that the person has a strong commitment to caring for the child permanently.

3. The county department or DCF inspects the home of the person, interviews the person, and determines that placement of the child with the person is in the best interests of the child.

4. Prior to being appointed as successor guardian to assume the duty and authority of guardianship, the person enters into a subsidized guardianship agreement with the county department or DCF.

5. The person and all nonclient residents of the person's home have passed a criminal background investigation conducted prior to the person entering into the subsidized guardianship agreement.

6. The court assigned to exercise jurisdiction under the Children's Code (juvenile court) confirms that the conditions required of a successor guardian have been met, appoints the person as successor guardian to assume the duty and authority of guardianship, and either terminates any juvenile court order placing the child outside of the child's home or dismisses any juvenile court proceeding in which the child has been adjudged to be in need of protection or services.

The bill also creates a procedure for the nomination and appointment of a successor guardian for a child in need of protection or services. Under that procedure, a person authorized to file a petition for the original appointment of a guardian for a child in need of protection or services, upon the death or incapacity of the initially appointed guardian, may file a petition for the appointment of a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian as successor guardian to assume the duty and authority of guardianship, and the juvenile court, after hearing, may appoint that person as successor guardian to assume that duty and authority.