HB323 Alabama 2018 Session

Under existing law, a kinship guardian may only be appointed by the juvenile court if a parent whose parental rights have not been terminated or a legal guardian or legal custodian of the child is living and has consented in writing to the appointment and the consent has not been withdrawn.

A successor guardian may also only be appointed by the juvenile court if a parent, legal guardian, or legal custodian of the child has consented in writing to the appointment of the successor guardian, unless all parental rights have been terminated or restricted by a prior court order.

This bill would eliminate the requirement that a kinship guardian may be appointed by the juvenile court only if a parent, legal guardian, or legal custodian of the child is living and has consented in writing to the appointment of the guardian and not withdrawn the consent; and to eliminate the requirement that a parent, legal guardian, or legal custodian of a child must consent in writing before a successor guardian may be appointed.

Relating to kinship guardianship; to amend Section 12-15-314 of the Code of Alabama 1975; to eliminate the requirement that a kinship guardian may be appointed by the juvenile court only if a parent, legal guardian, or legal custodian of the child is living and has consented in writing to the appointment of the guardian and not withdrawn the consent; and to eliminate the requirement that a parent, legal guardian, or legal custodian of a child must consent in writing before a successor guardian may be appointed.