2007 Legislation
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SENATE BILL NO. 1061 – Guardianship, Child Protective Act

SENATE BILL NO. 1061

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Bill Status



S1061................................................by JUDICIARY AND RULES
GUARDIANSHIPS - Adds to existing law to set forth provisions applicable to
guardianships arising in connection with a proceeding under the Child
Protection Act.
                                                                        
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Coiner, Davis
    Floor Sponsor - Kelly
    Title apvd - to House
02/09    House intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Ruchti, Rusche, Sayler, Shepherd(2), Shepherd(8), Shirley, Shively,
      Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander
      Woude, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Labrador, Nielsen, Roberts, Schaefer, Wills
    Floor Sponsor - Bock
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed - Sp signed
03/09    To Governor
03/14    Governor signed
         Session Law Chapter 72
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1061
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE UNIFORM PROBATE CODE; AMENDING PART 2, CHAPTER  5,  TITLE  15,
  3        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 15-5-212A, IDAHO CODE, TO SET
  4        FORTH  PROVISIONS APPLICABLE TO GUARDIANSHIPS ARISING IN CONNECTION WITH A
  5        PROCEEDING UNDER THE CHILD PROTECTIVE ACT.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Part 2, Chapter 5, Title 15, Idaho Code, be, and the same
  8    is hereby amended by the addition thereto of a NEW SECTION, to  be  known  and
  9    designated as Section 15-5-212A, Idaho Code, and to read as follows:
                                                                        
 10        15-5-212A.  GUARDIANSHIPS  ARISING  IN  CONNECTION WITH A PROCEEDING UNDER
 11    THE CHILD PROTECTIVE ACT. Where a minor is within the jurisdiction of a  court
 12    under  the  child  protective act, or where a guardianship proceeding arose in
 13    connection with a permanency plan for a minor who was the subject  of  a  pro-
 14    ceeding under the child protective act:
 15        (1)  The  court  having  jurisdiction  over the proceeding under the child
 16    protective act shall have exclusive jurisdiction and venue over any  guardian-
 17    ship  proceeding involving such minor unless, in furtherance of the permanency
 18    plan, the court declines to exercise such  jurisdiction  and  venue,  notwith-
 19    standing sections 15-5-205 and 15-5-211, Idaho Code.
 20        (2)  In  any  action connected to a guardianship governed by this section,
 21    in addition to notice or service upon interested parties pursuant  to  section
 22    15-1-401, Idaho Code, notice of the following shall be served upon the depart-
 23    ment  of  health  and  welfare in the manner prescribed in Idaho rule of civil
 24    procedure 4(d)(5):
 25        (a)  Any petition for the appointment of a guardian of a minor;
 26        (b)  Any pleading filed in connection with such guardianship;
 27        (c)  Any proceeding of any nature in such guardianship; or
 28        (d)  The time and place of any hearing in connection with  such  guardian-
 29        ship.
 30        (3)  In  any action governed by this section, the department of health and
 31    welfare shall have the right to appear and be heard at any hearing, and  shall
 32    have the right to intervene at any stage of the action.
 33        (4)  A  guardian  appointed  in an action governed by this section may not
 34    consent to the adoption of the minor without providing  prior  notice  of  the
 35    action  of  adoption  to the department of health and welfare in a manner pre-
 36    scribed in section 15-1-401, Idaho Code.
 37        (5)  Any person who moves to terminate a  guardianship  governed  by  this
 38    section has the burden of proving, by clear and convincing evidence, that:
 39        (a)  There has been a substantial and material change in the circumstances
 40        of  the  parent  or the minor since the establishment of the guardianship;
 41        and
 42        (b)  Termination of the guardianship would be in the best interests of the
 43        minor.
                                                                        
                                       2
                                                                        
  1        (6)  In any action governed by this  section,  any  person  who  moves  to
  2    remove a guardian or modify a guardianship has the burden of proving, by clear
  3    and convincing evidence, that:
  4        (a)  There has been a substantial and material change in the circumstances
  5        of  the  parent  or the minor since the establishment of the guardianship;
  6        and
  7        (b)  Removal of the guardian or modification of the guardianship would  be
  8        in the best interests of the minor.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 16721

This provision will make guardianship available as a
permanent placement for children who are within the jurisdiction
of the Child Protective Act.  Right now, such guardianships are
not available because, under current Idaho law, the guardianship
is too susceptible to modification or termination after the close
of the child protective act case and therefore does not meet the
requirement of "permanency".  If guardianships are more
permanent, they can be ordered as the final placement in a Child
Protective Act proceeding more often and children will be more
likely to qualify for federal funding.  In addition to making
guardianship available as a permanency option, the section also
eliminates the possibility that a guardianship might be used as
an "end run" around the court's jurisdiction in a child
protective act case and thereby better positions the CPA court to
protect the child's health and safety.


                            FISCAL NOTE

This bill will have no fiscal impact.




CONTACT:
Name:    Robert L. Aldridge, Trust & Estate Professionals of
         Idaho, Inc.
Telephone: 
office:  (208) 336-9880  Cell: (208) 631-2481
          
          
STATEMENT OF PURPOSE                                      S 1061