Amends existing law to provide that a guardian's authority and responsibility shall terminate upon termination of the guardianship and to revise a provision regarding the resignation of a guardian; and to provide for proceedings for the modification or termination of a guardianship.
GUARDIANS OF MINORS - Amends existing law to provide that a guardian's authority and responsibility shall terminate upon termination of the guardianship and to revise a provision regarding the resignation of a guardian; and to provide for proceedings for the modification or termination of a guardianship.
STATEMENT OF PURPOSE
This bill would correct an omission in the statutes relating to guardianships. Idaho Code § 15-5-212A specifically addresses the procedure for terminating the guardianship of a child who has been found to be abandoned, abused, or neglected under the Child Protective Act. However, the statutes include no reference to the termination of a guardianship for other minors. This was identified as an apparent oversight in the concurring opinion of Justice Jim Jones in Doe v. Doe, 150 Idaho 432, 247 P.3d 659 (2011). This bill would amend I.C. § 15-5-212 to provide that a person interested in the welfare of a ward, or a ward who is at least 14, may petition the court for modification or termination of the guardianship on the ground that the modification or termination would be in the best interest of the ward. This would fill a gap in the Idaho Code and provide guidance to all persons concerned in a guardianship.
HOW THEY VOTED
Senate Third Reading
YEA (32)
NAY (0)
ABSENT / NOT VOTING (3)
House Third Reading
YEA (67)
NAY (0)
ABSENT / NOT VOTING (3)
LATEST ACTION
Signed by Governor on 03/23/16 Session Law Chapter 148 Effective: 07/01/2016
BILL INFO
- Session
- 2016
- Chamber
- senate
- Status date
- Mar 23, 2016