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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
]]]] 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 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