Grandparent Guardianship Act

Model Bill Info
Bill Title	Grandparent Guardianship Act
Date Introduced	April 27, 2018
Date Finalized	May 24, 2018
Date Accessed	Sept. 24, 2018
Type	Model Policy
Status	Final
Task Forces	Health and Human Services Development

Summary

This act establishes a preference for the appointment of the child’s grandparent as guardian of the minor in certain cases. This act: Requires the department of health and human services to make certain benefit eligibility information available on the department's website and to grandparents seeking guardianship of their grandchild. Provides that in cases in which a parent objects to a grandparent's petition for guardianship brought as a result of the parent's substance abuse or dependence, the burden of proof shall be on the petitioner to demonstrate by a preponderance of evidence that guardianship is in the best interest of the minor. Establishes a preference for the appointment of the minor's grandparent as guardian in cases in which guardianship is sought as the result of the parent's substance abuse or dependence. Provides that if a grandparent was granted guardianship as the result of the parent's substance abuse or dependence, the burden of proof in a proceeding to terminate guardianship shall be by a preponderance of the evidence and shall not shift to the guardian.

Grandparent Guardianship Act.

Section 1. {Short Title} This Act shall be known as the “Grandparent Guardianship Act.”

Section 2. Grandparent Guardianship Act</p>

1. Petition for Guardianship; Information Regarding Potential Benefit Eligibility If the petition for guardianship was filed by the minor’s grandparent, the court shall provide the grandparent with a brochure, prepared by the department of health and human services, describing potential benefits for which a child under guardianship may be eligible through the state. The department of health and human services shall also post such information on the department’s website.
2. Guardianship of Minors; Conduct of Hearing; Burden of Proof in Cases Where Guardianship is Sought by the Minor’s GrandparentIf a parent objects to the establishment of the guardianship of the person requested by a non-parent, the court shall set a date for the hearing specified in this section. Except as otherwise provided in this subparagraph, the burden of proof shall be on the petitioner to establish by clear and convincing evidence that the best interests of the minor require substitution or supplementation of parental care and supervision to provide for the essential physical and safety needs of the minor or to prevent specific, significant psychological harm to the minor. If guardianship is sought by the minor’s grandparent as the result of the parent’s substance abuse or dependence, the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that a guardianship of the person is in the best interests of the minor.
3. Guardianship of Minors and Estates of Minors; Appointment of Grandparents
4. If a parent’s substance abuse or dependence is the basis for the guardianship petition, the court shall give a preference to any grandparent of the minor who seeks appointment as guardian of the person or the estate, or both, for the minor.
5. Termination of Guardianship; Burden of Proof
6. Except as otherwise provided, guardianship of the person shall be terminated upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor’s psychological well-being. In a proceeding to terminate a guardianship established by consent, the burden of proof shall shift to the guardian to demonstrate by clear and convincing 
evidence that substitution or supplementation of parental care and supervision is 
necessary to provide for the essential physical and safety needs of the minor and that 
termination of the guardianship will adversely affect the minor’s psychological well-being. The above paragraph shall not apply if guardianship of the person was 
granted to a grandparent as the result of the parent’s substance abuse or dependence. In 
such cases, the burden of proof shall be on the parent to demonstrate by a preponderance 
of the evidence that substitution or supplementation of parental care and supervision is 
no longer necessary to provide for the essential physical and safety needs of the minor and 
termination of the guardianship will not adversely affect the minor’s psychological well-being.

<p>Section 11. {Effective Date} </p>

<p>Endnotes