Termination, modification or rescission of permanent guardianship order. (d) If the child has been in the custody of DSCYF immediately prior to the entry of an order for a permanent guardianship, DSCYF shall have no further duty of support or care for the child after establishment of the permanent guardianship unless DSCYF agrees in writing to that support. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement. (c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. (b) The parent shall have the primary responsibility to support the child financially. (3) Right to consent to termination of parental rights or adoption of the child. A parent may petition the Court for specific enforcement of provisions of the order granting permanent guardianship relating to contact, visitation or information. (1) Visitation, contact and information, to the extent delineated in the permanent guardianship order issued by the Court. (a) While a permanent guardianship is in effect, the parent shall have the following rights: In making such a determination, the Court shall apply the best interests of the child standard. (b) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall then also determine by a preponderance of evidence, the nature and extent, if any, of any contact, sharing of information, or visitation between the parent and the child. Extraordinary circumstances that support granting the permanent guardianship exist. The child receives substantial governmental benefits for a serious physical or mental disability which would no longer be available to the child if parental rights were terminated or the child was adopted.ĭ. The proposed permanent guardian is the permanent guardian of 1 of the child’s siblings.Ĭ.

(6) If the proposed permanent guardian is not a relative or current guardian, at least 1 of the following:Ī. (5) If the child is age 14 or over, the child consents to the permanent guardianship or, if the child does not consent, just cause why the permanent guardian should be appointed. The Court may waive this requirement if the petitioner is a relative and the Court finds just cause. Has had the child placed with them for at least 6 months immediately preceding the filing of the petition. Has demonstrated an understanding of the financial implications of becoming a permanent guardian.Į. Has expressly committed to remain the permanent guardian and assume the rights and responsibilities for the child for the duration of the child’s minority.ĭ. Is an individual with whom a child in DSCYF custody is placed, a relative, a foster parent, or a guardian.Ĭ. Is emotionally, mentally, physically and financially suitable to become the permanent guardian.ī. (4) The proposed permanent guardian meets all of the following requirements:Ī. (3) Permanent guardianship is in the best interests of the child. (2) Adoption of the child is not possible or appropriate. (1) One of the statutory grounds for termination of parental rights as set forth in § 1103(a) of this title has been met or the parent consents to permanent guardianship. (a) The Court shall grant a permanent guardianship if it finds by clear and convincing evidence all of the following:

Guardians of traffic statutes