ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: GOV DPA 7-0-0-0

HB 2079: guardianship; minors; appointment; notice

Sponsor: Representative Blackman, LD 7

Caucus & COW

Overview

Expands procedures for guardianship appointments for minors and notice requirements for petitioners.

History

The court is authorized to appoint a guardian to unmarried minors in cases where all parental rights of custody have been terminated or suspended by circumstances or prior court order. A person interested in the welfare of a minor may petition the court for appointment of a guardian. If the court then finds that the necessary notices have been given and requirements met and the requested appointment serves the best interests of the minor, the court must make the appointment and issue letters on the acceptance of the proposed guardian. In certain circumstances, the court may appoint a temporary guardian to a minor for a period of no longer than six months (A.R.S. §§ 14-5204, 14-5207).

Provisions

1. Allows the court to appoint a guardian for a minor if the appointment is in the best interest of the minor and:

a) each living parent of the minor, after being fully informed of the nature of guardianship appointment, consents to the appointment of a guardian;

b) the living parents' parental rights of the minor have been terminated; or

c) the court finds, based on a preponderance of the evidence, no parent of the minor is willing or able to exercise the powers and duties granted by the court to a guardian. (Sec. 1)

2. Requires a person petitioning for appointment of guardianship to include in their notice to the minor and person who has had principal care of the minor, both:

a) a statement of the right to object to the proposed guardianship appointment; and

b) a description of the nature, purpose and consequences of the powers and duties assumed by a guardian. (Sec. 2)

3. Prohibits the court from granting a petition for guardianship if the prescribed notice is not served on the minor, if the minor is 14 years old or older, and each parent of the minor, unless the court finds based on a preponderance of the evidence that:

a) after a due diligence search, each parent cannot be located and served; or

b) the parent has waived the right to notice in a written instrument. (Sec. 2)

4. Instructs the court to appoint a guardian ad litem if the petitioner is unable to serve the notice required above to a living parent of the minor or the petitioner alleges that a living parent of the minor waived the right to notice. (Sec. 2)

5. Requires, upon the court's appointment of a guardian ad litem, the guardian ad litem:

a) interview the petitioner and the minor;

b) ascertain whether a living parent of the minor cannot be located after a due diligence search; and

c) at the discretion of the court, investigate any other matter relating to the petition. (Sec. 2)

6. Authorizes the court to extend the authority of a temporary guardian if the court determines such an extension is in the best interests of the minor. (Sec. 2)

7. Makes technical and conforming changes. (Sec. 1, 2)

Amendments

Committee on Government

1. Adds that for the court to appoint a guardian to a minor who is at least 16 years old in the manner prescribed by the bill, there must be no open dependency case.

4. ---------- DOCUMENT FOOTER ---------

5. HB 2079

6. Initials JH Page 0 Caucus & COW

8. ---------- DOCUMENT FOOTER ---------