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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,
Williams
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
]]]] 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
2 RELATING TO THE UNIFORM PROBATE CODE; AMENDING SECTION 15-5-207, IDAHO CODE,
3 TO REVISE NOTICE PROVISIONS APPLICABLE TO PROCEEDINGS FOR THE APPOINTMENT
4 OF A GUARDIAN OF A MINOR AND TO MAKE TECHNICAL CORRECTIONS.
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:
8 15-5-207. COURT APPOINTMENT OF GUARDIAN OF MINOR -- PROCEDURE. (1) Pro-
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
2
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
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.
Contact
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