TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

PART 2.

GUARDIANS OF MINORS

15-5-212A.  Guardianships arising in connection with a proceeding under the child protective act. Where a minor is within the jurisdiction of a court under the child protective act, or where a guardianship proceeding arose in connection with a permanency plan for a minor who was the subject of a proceeding under the child protective act:

(1)  The court having jurisdiction over the proceeding under the child protective act shall have exclusive jurisdiction and venue over any guardianship proceeding involving such minor unless, in furtherance of the permanency plan, the court declines to exercise such jurisdiction and venue, notwithstanding sections 15-5-205 and 15-5-211, Idaho Code.

(2)  In any action connected to a guardianship governed by this section, in addition to notice or service upon interested parties pursuant to section 15-1-401, Idaho Code, notice of the following shall be served upon the department of health and welfare in the manner prescribed in Idaho rule of civil procedure 4(d)(5):

(a)  Any petition for the appointment of a guardian of a minor;

(b)  Any pleading filed in connection with such guardianship;

(c)  Any proceeding of any nature in such guardianship; or

(d)  The time and place of any hearing in connection with such guardianship.

(3)  In any action governed by this section, the department of health and welfare shall have the right to appear and be heard at any hearing, and shall have the right to intervene at any stage of the action.

(4)  A guardian appointed in an action governed by this section may not consent to the adoption of the minor without providing prior notice of the action of adoption to the department of health and welfare in a manner prescribed in section 15-1-401, Idaho Code.

(5)  Any person who moves to terminate a guardianship governed by this section has the burden of proving, by clear and convincing evidence, that:

(a)  There has been a substantial and material change in the circumstances of the parent or the minor since the establishment of the guardianship; and

(b)  Termination of the guardianship would be in the best interests of the minor.

(6)  In any action governed by this section, any person who moves to remove a guardian or modify a guardianship has the burden of proving, by clear and convincing evidence, that:

(a)  There has been a substantial and material change in the circumstances of the parent or the minor since the establishment of the guardianship; and

(b)  Removal of the guardian or modification of the guardianship would be in the best interests of the minor.

History:

[15-5-212A, added 2007, ch. 72, sec. 1, p. 195.]