Brief ⁽¹⁾

SB 461 amends the Child in Need of Care Code related to the appointment of permanent guardians for children. The bill provides that a permanent guardian for a child can be appointed without termination of parental rights if the parents consent. Further, the bill provides that the courts shall continue to have jurisdiction to review the placement and the appointment of successor or replacement guardians. Once a permanent guardian is appointed, however, the court is required to discharge the child from custody of the Secretary of the Department of Social and Rehabilitation Services (SRS).

The Senate Committee amendments were clarifying.

Background

The bill was supported by SRS and several district judges. Proponents said many judges had concerns about amendments adopted in 1999 that required dismissal of all proceedings once a permanent guardian was appointed for a child. The said this makes the law unworkable since many judges believe that further involvement by the court may be needed for the child's continued protection and to facilitate assistance to the permanent guardian.

The bill has no fiscal impact on the state.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html