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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
UNIFORM PROBATE CODE
CHAPTER 5
PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]
PART 2
GUARDIANS OF MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF MINOR [EFFECTIVE JANUARY 1, 2027]
15-5-205. Court appointment of guardian of minor — Venue. [effective until January 1, 2027] The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.
15-5-205. ATTENDANCE AND PARTICIPATION AT HEARING FOR APPOINTMENT OF GUARDIAN FOR MINOR. [effective January 1, 2027] (1) The court shall require a minor who is the subject of a hearing under section 15-5-203, Idaho Code, to attend the hearing and allow the minor to participate in the hearing unless the court determines, by clear and convincing evidence presented at the hearing or a separate hearing, that:
(a) The minor consistently and repeatedly refused to attend the hearing after being fully informed of the right to attend and, if the minor is twelve (12) years of age or older, the potential consequences of failing to attend;
(b) There is no practicable way for the minor to attend the hearing;
(c) The minor lacks the ability or maturity to participate meaningfully in the hearing; or
(d) Attendance would be harmful to the minor.
(2) Unless excused by the court for good cause, the person proposed to be appointed as guardian for a minor shall attend a hearing under section 15-5-203, Idaho Code.
(3) Each parent of a minor who is the subject of a hearing under section 15-5-203, Idaho Code, has the right to attend the hearing.
(4) A person may request permission to participate in a hearing under section 15-5-203, Idaho Code. The court may grant the request, with or without hearing, upon determining that it is in the best interest of the minor who is the subject of the hearing. The court may impose appropriate conditions on the person’s participation.
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