92nd General Assembly
Summary of SB0844
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Senate Sponsors:
DILLARD.

Short description: 
PROBATE-GUARDIANSHIP                                                       

Synopsis of Bill as introduced:
        Amends the Probate Act of 1975.  Provides that  conviction  of  a      
   felony  is  a  disqualification for acting as a guardian if the felony      
   conviction has been in the last 5  years.   Provides  that  the  court      
   shall  conduct  a  best-interest hearing to determine whether it is in      
   the minor's best interest to appoint as a guardian a person who had  a      
   felony   conviction   more   than  5  years  before  the  guardianship      
   proceeding. Establishes conditions in which the court  may  appoint  a      
   guardian  for  an  unmarried minor.  Provides that if the parents were      
   not married at the time of the minor's birth, or if  there  has  never      
   been  a  judicial  finding  of  paternity,  the  court shall conduct a      
   hearing to determine paternity. Provides that  if  the  minor  is  the      
   subject of a proceeding in Juvenile Court, the guardianship proceeding      
   shall  be instituted  in the court of the county in which the Juvenile      
   Court proceeding is pending.                                                
        SENATE AMENDMENT NO. 1.                                                
        Provides that a person who has been convicted of a felony may be       
   appointed guardian of a minor if the person has not been convicted of       
   a felony within 10 years preceding the guardenship proceeding and who       
   has never been convicted of a felony involving harm or threat of harm       
   to a child or a felony sexual offense. Provides that if the minor is        
   the subject of a proceeding in juvenile court, the proceeding for           
   guardianship may be instituted in the county where the minor resides        
   or in the court of the county where the juvenile court proceeding is        
   pending.                                                                    
        SENATE AMENDMENT NO. 2.                                                
        Deletes everything after  the  enacting  clause.   Reinserts  the      
   provisions  of the bill as amended with the following changes: deletes      
   the change to the Section relating to the qualifications of a guardian      
   of a minor.  Permits a relative of the minor to be appointed  guardian      
   who  has  been  convicted  of  a  felony  or incarcerated for a felony      
   conviction more than  10  years  prior  to  the  commencement  of  the      
   guardianship  proceeding  and  who  has not been convicted of a felony      
   involving harm or threat to  a  child  or  a  felony  sexual  offense.      
   Provides  that  in  such cases the court shall conduct a best-interest      
   hearing to determine if it is in the best interest  of  the  minor  to      
   appoint the felon as guardian.                                              
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


   END OF INQUIRY 



 Full Text  Bill Status