SB250 Alabama 2018 Session

Summary

Primary Sponsor

Dick Brewbaker

Republican

Session

Regular Session 2018

Title

Kinship guardianship, to remove certain requirements for appointment of guardians by the juvenile court, Sec. 12-15-314 am'd.

Summary

The bill would remove the written-consent requirements for appointing kinship guardians and successor guardians, broadening who can become a guardian under juvenile court orders.

What This Bill Does

It eliminates the rule that a kinship guardian can be appointed only if a living parent, legal guardian, or legal custodian consents in writing and hasn’t withdrawn that consent. It also removes the rule that a parent, legal guardian, or legal custodian must consent in writing before a successor guardian can be appointed. As a result, kinship or successor guardians could be appointed using other criteria, potentially when parental rights are terminated or under alternative circumstances, while maintaining the rest of the guardianship framework and protections for the child.

Who It Affects

• Children found dependent or in the juvenile court system who may be placed with a kinship guardian under expanded eligibility.
• Relatives or other individuals seeking kinship guardianship or a successor guardian, who would face fewer consent barriers and potentially faster appointments.

Key Provisions

• Amends Section 12-15-314 to remove the requirement that a kinship guardian appointment depend on a living parent, legal guardian, or legal custodian consent in writing (and consent not withdrawn).
• Amends Section 12-15-314 to remove the requirement that a parent, legal guardian, or legal custodian must consent in writing before a successor guardian may be appointed.
• Preserves the rest of the kinship guardianship framework (best interests standard, permanency goals, rights and duties of guardians, and related procedures) but changes the consent prerequisites that previously limited guardianship appointments.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Guardians