Relating to the creation, administration, and termination of minor guardianships

This bill relates to the creation, administration, and termination of minor guardianships. The bill provides that an action which is pending under Code chapter 232D (minor guardianships) prior to an action being brought under Code chapter 232 (juvenile justice) must be stayed by the court in the Code chapter 232D action unless the court authorizes a party to the action to litigate a specific issue under Code chapter 232. Under current law, the juvenile court has exclusive jurisdiction of guardianship proceedings. The bill provides that the juvenile court also has exclusive jurisdiction over guardianships of minors. The bill creates a new Code section that makes official juvenile court records in guardianships confidential and not public records. The following people are authorized to request the records without court order: the judge and professional court staff, the minor and the minor’s counsel, the minor’s parent, guardian, or custodian, court visitor, and any counsel representing such person, so long as they do not disclose the confidential record or contents unless required by law. Under current law, the petition for minor and adult guardianships includes the name and address of any adult who has had the primary care of the minor or with whom the protected person has lived for at least six months prior to the filing of the petition. The bill requires the name and address of any adult who has had the primary care of the protected person or with whom the protected person had lived with at any time during the six months prior to the filing of the petition. The bill provides that in addition to stating in the guardianship for the minor petition why a limited guardianship is appropriate, the petition must also state whether a conservatorship for the minor is already in place.304. The bill provides the qualifications and term of service of a court visitor for the minor and that the court shall not appoint a guardian ad litem if a court visitor is appointed. The bill provides that a hearing on petition for guardianship may be recorded if a court reporter is not used. The bill provides that results of background checks of the proposed guardian in the months prior to filing of the petition may be used; current law permits the use of background checks within the prior months. Results of the background checks may be shared with good cause to the proposed guardian. The bill provides that the order appointing a guardian for a minor shall state the date that the first reporting period for the guardianship will end. The bill provides that the initial care plan shall include the guardian’s plan for funds and benefits payable for the support of the minor and the verified annual report shall include the results of the guardian’s efforts to receive funds or benefits and the account for the use of the funds or benefits. The bill provides that upon termination of guardianship in which the guardian has custody of the minor’s assets, the assets must be returned to the minor or a fiduciary for the minor for any of the following accounts: a conservatorship established for the minor under Code chapter 633, a uniform transfer to minors Act account, an educational savings plan trust account, or an ABLE savings plan trust account.