CHAPTER 19. GUARDIANSHIP Art. 718. Purpose of guardianship A. The purpose of guardianship is to provide a permanent placement for children when neither reunification with a parent nor adoption has been found to be in their best interest; to encourage stability and permanence in the lives of children who have been adjudicated to be in […]
Art. 719. Guardian’s rights and responsibilities A. Unless the court specifies otherwise, a guardian shall exercise the rights and responsibilities of legal custody and shall have the authority to consent to the child’s marriage, to consent to his enlistment in the armed forces of the United States, and to make other decisions concerning the child, […]
Art. 720. Motion for guardianship A. After a child has been adjudicated to be in need of care, a motion for guardianship may be filed by the department, parent, counsel for the child, or, when the guardian is deceased, an individual previously named as a successor guardian by the guardian in a guardianship subsidy agreement […]
Art. 721. Home study report The department shall submit to the court a confidential report of its investigation and evaluation of the home of the proposed guardian. The report shall include all of the following: (1) The moral and financial fitness of the proposed guardian. (2) The conditions of the home of the proposed guardian […]
Art. 722. Grounds; hearing; order A. The mover shall have the burden of proving all of the following by clear and convincing evidence: (1) The child has been adjudicated to be in need of care. (2) Adoption is not in the best interest of the child and the child cannot be safely reunified with the […]
Art. 723. Order of guardianship A. The court may grant the motion and appoint a guardian for the child if the court finds by clear and convincing evidence that the requirements of Article 722 have been met and that the proposed guardianship is in the best interest of the child. B. The guardianship order shall […]
Art. 724. Motion for modification of guardianship; termination of guardianship A. The court shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child attains eighteen years of age. The program representing the child in the child of need of care proceedings pursuant to Children’s Code Article 607 and the program representing […]
Art. 724.1. Temporary guardianship; designated successor guardian; construction A.(1) A guardian who has entered into a guardianship subsidy agreement with the department may name an individual as a successor guardian in the agreement for the purpose of continued eligibility of the subsidy in the event of the death or incapacity of the guardian. (2) Nothing […]
