View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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