2006 Legislation
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SENATE BILL NO. 1320 – Minor, guardian appt, proceedings


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Bill Status

S1320................................................by JUDICIARY AND RULES
MINORS - GUARDIANS - Amends existing law relating to the Uniform Probate
Code to revise notice provisions applicable to proceedings for the
appointment of a guardian of a minor.
01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 29-3-3
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
      Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes,
      Hill, Kelly, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
      McKenzie, Pearce, Richardson, Schroeder, Stegner, Sweet, Werk,
      NAYS -- Burkett, Keough, Stennett
      Absent and excused -- Fulcher, Goedde, Jorgenson
    Floor Sponsor - Richardson
    Title apvd - to House
02/20    House intro - 1st rdg - to Jud
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 60-0-10
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake,
      LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Stevenson, Trail
      NAYS -- None
      Absent and excused -- Bedke, Collins, Crow, Deal, Harwood, Sali,
      Snodgrass, Wills, Wood, Mr. Speaker
    Floor Sponsor - Bastian
    Title apvd - to Senate
03/17    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/21    To Governor
03/24    Governor signed
         Session Law Chapter 180
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                       IN THE SENATE
                                    SENATE BILL NO. 1320
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 15-5-207, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
  9    ceedings for the appointment of a guardian may be initiated by any relative of
 10    the minor, the minor if he is fourteen (14) years of age, a de facto custodian
 11    of the minor, or any person interested in the welfare of the minor.
 12        (a2)  Notice of the time and place  of  hearing  of  a  petition  for  the
 13    appointment  of  a guardian of a minor is to be given by the petitioner in the
 14    manner prescribed by section 15-1-401 of this code to:
 15        (1a)  The minor, if he is fourteen (14) or more years of age;
 16        (2b)  The person who has had the principal care and custody of  the  minor
 17        during the sixty (60) days preceding the date of the petition;
 18        (3c)  The de facto custodian of the minor, if any; and
 19        (4d)  Any living parent of the minor; provided however, that the court may
 20        waive  notice to a living parent of the minor who is, or is alleged to be,
 21        the father of the minor if:
 22             (i)   The father was never married to the mother of the minor and has
 23             failed to register his paternity as provided in  section  16-1504(4),
 24             Idaho Code; or
 25             (ii)  The court has been shown to its satisfaction circumstances that
 26             would  allow  the entry of an order of termination of parental rights
 27             pursuant to section 16-2005, Idaho Code, even though  termination  of
 28             parental rights is not being sought as to such father.
 29        (b3)  Upon  hearing,  if  the  court  finds  that a qualified person seeks
 30    appointment, venue is proper,  the  required  notices  have  been  given,  the
 31    requirements  of  section 15-5-204 of this part have been met, and the welfare
 32    and best interests of the minor will be served by the  requested  appointment,
 33    it  shall  make the appointment. In other cases the court may dismiss the pro-
 34    ceedings, or make any other disposition of the matter that will best serve the
 35    interest of the minor.
 36        (c4)  If necessary, the court may appoint a temporary guardian,  with  the
 37    status  of  an  ordinary guardian of a minor, but the authority of a temporary
 38    guardian shall not last longer than six (6) months.
 39        (d5)  The court shall appoint an attorney to represent the  minor  if  the
 40    court  determines  that  the minor possesses sufficient maturity to direct the
 41    attorney. If the court finds that the minor is not mature enough to direct  an
 42    attorney, the court shall appoint a guardian ad litem for the minor. The court
 43    may decline to appoint an attorney or guardian ad litem if it finds in writing
  1    that  such  appointment  is  not  necessary to serve the best interests of the
  2    minor or if the Idaho department of health and welfare has  legal  custody  of
  3    the child.
  4        (e6)  Letters  of  guardianship  must  indicate  whether  the guardian was
  5    appointed by will or by court order.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 15743

Under existing law, if an alleged ("putative") father of a child,
who is not married to the mother of the child, fails to register
his paternity under Idaho Code 16a-1504(4), the putative father is
not entitled to notice in a subsequent adoption proceeding.  This
operates, in effect, to terminate the parental rights of the
putative father.

However, in a minor guardianship case, which has far less
consequences to the rights of the putative father, and is always
subject to further action by any interested person, including the
putative father, no such requirement exists.  Often, the putative
father is either unknown or cannot be located.  Nonetheless,
expensive and time consuming attempts to locate and serve the
putative father with notice must be undertaken, including eventual
notification by publication, which can be very expensive.

Therefore, this bill extends the same provisions to minor
guardianship proceedings   if the putative father has not
registered his paternity, no notice is required.

                          FISCAL NOTE

This bill will have no fiscal impact.

Name:  Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc. 
Phone: 208-336-9880
Cell:  208-631-2481

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1320