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S1334aa..............................................by JUDICIARY AND RULES
CHILDREN - ABUSE/NEGLECTED - Amends existing law to provide for appointment
of a guardian upon a finding that a child has been neglected, abused,
abandoned or whose parents are unable to provide a stable home environment;
to define abandonment; and to provide for a determination in the best
interests of the child.
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
02/09 Rpt out - to 14th Ord
02/13 Rpt out amen - to engros
02/16 Rpt engros - 1st rdg - to 2nd rdg as amen
02/17 2nd rdg - to 3rd rdg as amen
02/20 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Twiggs
Floor Sponsor - Danielson
Title apvd - to House
02/23 House intro - 1st rdg as amen - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - FAILED - 20-45-5
AYES -- Bieter, Bruneel, Chase, Field(13), Gould, Hansen, Henbest,
Hornbeck, Jaquet, Jones(20), Judd, Marley, Meyer, Reynolds, Ridinger,
Robison, Sali, Schaefer, Watson, Zimmermann
NAYS -- Alltus, Barraclough, Barrett, Bell, Bivens, Black(15),
Black(23), Boe, Callister, Campbell, Clark, Crane, Cuddy, Deal,
Denney, Ellsworth, Field(20), Gagner, Geddes, Hadley, Jones(22),
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, McKague, Miller, Mortensen, Newcomb, Pomeroy,
Richman, Stevenson, Stoicheff, Stone, Stubbs, Tilman, Tippets, Trail,
Wheeler, Wood
Absent and excused -- Crow, Jones(9), Mr Speaker, Pischner, Taylor
Floor Sponsor - Hornbeck
Filed with Secretary of the Senate
S1334|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1334, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO COURT APPOINTMENT OF A GUARDIAN OF A MINOR; AMENDING SECTION 3 15-5-204, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF A GUARDIAN UPON A 4 FINDING THAT A CHILD HAS BEEN NEGLECTED, ABUSED, ABANDONED OR WHOSE PAR- 5 ENTS ARE UNABLE TO PROVIDE A STABLE HOME ENVIRONMENT, TO DEFINE ABANDON- 6 MENT AND TO PROVIDE FOR A DETERMINATION IN THE BEST INTERESTS OF THE CHILD 7 AND TO MAKE TECHNICAL CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 15-5-204, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 15-5-204. COURT APPOINTMENT OF GUARDIAN OF MINOR -- CONDITIONS FOR 12 APPOINTMENT. The court may appoint a guardian for an unmarried minor if all 13 parental rights of custody have been terminatedor suspended by circum-14stances orby prior court order or upon a finding 15 that the child has been neglected, abused, abandoned, or whose parents are 16 unable to provide a stable home environment, for reasons including, but not 17 limited to, immaturity or emotional, mental or physical disability. 18 "Abandoned" shall mean the failure of the parent to maintain a normal parental 19 relationship with the child including, but not limited to, reasonable support 20 or regular contact. Failure to maintain a normal parental relationship with 21 the child without just cause for a period of six (6) months shall constitute 22 prima facie evidence of abandonment. In all cases, the court shall consider 23 the best interests of the child as the primary factor in the determination of 24 whether to appoint, and whom to appoint as, a guardian for such child. In 25 determining the choice of a guardian for an unmarried minor, the advanced age 26 of a potential guardian shall not, in and of itself, be used as a criterion of 27 the suitability of the potential guardian so long as the potential guardian is 28 otherwise suitable . A guardian appointed by will as provided in section 29 15-5-202 of thisPp art whose appointment has not 30 been prevented or nullified under section 15-5-203 of this31Pp art has priority over any guardian who may be appointed 32 by the court but the court may proceed with an appointment nonetheless 33 upon a finding that the testamentary guardian has failed to accept the 34 testamentary appointment within thirty (30) days after notice of the guardian- 35 ship proceeding.
STATEMENT OF PURPOSE
RS 07400C1
This bill modifies existing Section 15-5-204, Idaho Code, to
clarify the grounds upon which a court may determine that a
guardian is necessary for a minor, and to clarify the grounds
upon which the court determines who should be the guardian. The
factors listed in the statute are those upon which courts
usually rely in making such evaluations, looking ultimately to
the best interests of the child. The bill also places the time
limit for determination of prima facie abandonment in
compliance with Section 16-2005(a), Idaho Code. Finally, the
bill provides that the mere fact of advanced age, in and of
itself, should not be a criteria for selection of a guardian.
FISCAL NOTE
This bill should have no fiscal impact. It is possible that the
clarification of the factors for a court to consider may
shorten court proceedings and thereby lower the costs to the
State of such court actions.
Contact: Sen. Judith Danielson
(208)332-1347
Robert L. Aldridge 1209
North Eighth Street
Boise, Idaho 83702-4297
Telephone: (208)336-9880
Fax: (208)336-9882.
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No S 1334