8-874 - Appointment of successor permanent guardian

8-874. Appointment of successor permanent guardian

A. If a permanent guardian appointed pursuant to section 8-872 is unable or unwilling to continue to serve as permanent guardian, the permanent guardian, the division or an interested party may file a motion for appointment of a successor permanent guardian. The motion shall be verified by the person filing the motion and shall include the following:

1. The name, sex, address and date and place of birth of each child who is the subject of the motion.

2. The name and address of the permanent guardian.

3. The reason why the permanent guardian is no longer able or willing to serve as permanent guardian of the child.

4. The name and address of the proposed successor permanent guardian, if any.

B. If the motion identifies a proposed successor permanent guardian, the motion shall be accompanied by an affidavit by the proposed successor permanent guardian that states:

1. The relationship between the proposed successor permanent guardian and the child.

2. The proposed successor guardian's agreement to assume the duties and responsibilities of permanent guardian, including compliance with all court orders.

C. On the filing of a motion pursuant to subsection A of this section, the court shall:

1. Set a date for an initial guardianship review hearing within thirty days after the motion is filed.

2. Appoint an attorney for the child and appoint an attorney for the proposed successor guardian, if necessary. The court is not required to appoint an attorney for the parent of the child.

3. Enter temporary orders, which may include:

(a) Placing the child in the temporary custody of an individual or agency or the division and directing the division to provide necessary services as may be necessary for the safety and well-being of the child.

(b) Directing the division to complete a criminal records check and home study to determine the suitability of the proposed successor permanent guardian to serve as the permanent guardian of the child.

D. The court shall order the person filing the motion to give notice of the hearing and to provide a copy of the motion together with the court's temporary orders to the permanent guardian, the division, the child's attorney, the child's parents and any other interested person as ordered by the court. The person filing the motion shall provide notice by first class mail unless the court orders that notice be given by other means. If the child is subject to the Indian child welfare act of 1978, the person filing the motion shall provide notice, pursuant to 25 United States Code section 1912, to the Indian parent, the Indian custodian and the child's tribe. If the identity or location of the Indian child's parent cannot be determined, the person filing the motion shall provide notice to the United States secretary of the interior pursuant to 25 United States Code section 1912.

E. If the child is at least twelve years of age, the court shall consider the child's objection to the proposed successor permanent guardian.

F. At the hearing, if the court finds that the proposed successor permanent guardian is suitable to assume the responsibilities of permanent guardian and that appointment would be in the child's best interests, the court shall grant the motion, terminate the appointment of the current permanent guardian and enter any other orders as may be necessary for the safety and well-being of the child, including:

1. Appointing the proposed successor permanent guardian as a provisional permanent guardian of the child for a period not to exceed nine months and setting a hearing to determine whether the appointment should be made permanent.

2. Appointing the proposed successor permanent guardian as permanent guardian of the child if the court finds by clear and convincing evidence that the proposed successor permanent guardian is suitable to serve as the child's permanent guardian and that the appointment would be in the child's best interests.

3. Directing the division to monitor the placement during the period of provisional appointment and to provide necessary services to support the provisional placement, including assisting the provisional permanent guardian to make an application for guardianship subsidy and other available benefits.

G. If the court enters an order appointing a successor permanent guardian, the court shall set a review hearing within one year after the appointment and may order the division or an agency to conduct an investigation and submit a written report before the hearing.

H. A successor permanent guardian is vested with all of the rights and responsibilities prescribed in section 14-5209 relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities of a birth or adoptive parent prescribed in the order appointing the successor permanent guardian.

I. The order appointing the successor permanent guardian may provide for contact between the child and the natural or adoptive parents, siblings and other relatives or kin if contact is in the child's best interests. The court may order the parent to contribute to the support of the child and to pay any costs for visitation to the extent it finds the parent able to contribute.

J. If the motion to appoint a successor permanent guardian does not comply with this section, or if the court does not appoint a provisional or permanent successor permanent guardian, the court may order the department or the child's attorney to file a dependency petition regarding the child and may enter temporary orders that are necessary for the safety and well-being of the child. In these cases, the court may direct the department not to provide reunification services to the child's parent unless the court finds by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services for the parent would be in the child's best interests. The court shall set a hearing to make this determination if, after receiving notice, the parent meets both of the following:

1. Is willing to care for the child.

2. Makes a written or oral request to the court to participate in reunification services at the parent's initial appearance.

K. The court may order that the case plan of guardianship remain in place even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent.