Temporary guardianship for children.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0349

ENROLLED ACT NO. 108, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to temporary guardianship; providing for temporary guardianship of minors for educational, medical care and dental care purposes; providing definitions; providing for ex parte orders; providing for notice; providing conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 3
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2
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301 through 3
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2
‑
303 are created to read:

ARTICLE 3
TEMPORARY GUARDIANSHIP FOR EDUCATIONAL,
MEDICAL CARE AND DENTAL CARE PURPOSES

3
‑
2
‑
301.

Definitions
.

(a)

As used in this article:

(i)

"Caregiver" means a person, other than a natural parent or legal guardian, who is at least eighteen (18) years of age and is the primary physical custodian and a relative of a minor child;

(ii)

"Child" means a person under eighteen (18) years of age who is in the primary physical custody of a caregiver;

(iii)

"Relative" or "related" means the relationship of parent, stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle or aunt.

3
‑
2
‑
302
.

Appointment of temporary guardian for educational, medical care and dental care purposes.

(a)

A caregiver of a child may petition for appointment as a temporary guardian of a child for educational, medical care and dental care purposes. The petition shall be verified by affidavit setting forth:

(i)

The petitioner's full name, place of residence, the length of time he has been a resident of the county in which the petition is filed and his Wyoming driver's license or identification card number;

(ii)

The qualifications of the proposed guardian as a fit and proper person to serve as guardian;

(iii)

The name, birth date and place of birth of the child;

(iv)

The physical address of the child for the previous one (1) year preceding the filing of the petition, if known;

(v)

The full names of the child's natural parents;

(vi)

The last known addresses of the child's natural parents;

(vii)

The name and address of the person or facility having the care, custody or control of the child;

(viii)

A concise statement of the reason for the desired temporary guardianship for educational, medical care and dental care purposes;

(ix)

The facts showing the best interest of the child requires the appointment of a guardian for educational, medical care and dental care purposes in this state; and

(x)

A concise statement setting forth the attempts made by the petitioner and whether the petitioner has been able to contact the natural parents or other person having legal custody of the child to advise them of the petitioner's intent to enroll the child in school, to authorize medical or dental care or seek a temporary guardianship for educational, medical care and dental care purposes.

(b)

A temporary guardian for educational, medical care and dental care purposes may be appointed through an ex parte temporary guardianship order without notice to the child's natural parents if the court finds by a preponderance of the evidence from the petition and testimony, if any testimony is deemed necessary by the court, that temporary guardianship is in the best interest of the child and not detrimental to the interests of any other person and that no other person appears to have authority and willingness to act in the circumstances. The court shall cause the ex parte temporary guardianship order, together with notice of right to a hearing, to be served on the natural parents of the child pursuant to Rule 4 of the Wyoming Rules of Civil Procedure.

(c)

The notice of right to a hearing shall clearly inform the child's natural parents that a temporary guardianship for educational, medical care and dental care purposes has been granted to the petitioner and that the natural parents, individually or jointly, have the right to request a full hearing on the temporary guardianship by filing a written request for hearing with the court. A request for full hearing by a natural parent shall be filed with the court and shall be served on the temporary guardian pursuant to Rule 4 of the Wyoming Rules of Civil Procedure. Upon receipt of a request for hearing, the court shall set the full hearing at its earliest convenience.

(d)

Except upon a showing of good cause, an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes shall be limited to not more than one (1) year.

3
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2
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303
.

Notice to court
.

If a child subject to an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes is no longer living in the primary physical custody of the caregiver, the caregiver shall within three (3) business days notify the court in writing of the circumstances regarding the change in the primary physical custody and the court may make any order it deems appropriate.

Section 2.
W.S. 3
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1
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107 and 3
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2
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106(a) are amended to read:

3
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1
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107.

Combination of involuntary, voluntary and standby petitions and hearings.

If prior to the time of hearing on a petition for the appointment of a guardian under W.S. 3
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2
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101 or for the appointment of a conservator under W.S. 3
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3
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101, a petition is filed under the provisions of W.S. 3
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2
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105, 3
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2
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106,
3
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2
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302,
3
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3
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106, 3
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3
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107 or 3
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3
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301, the court shall combine the hearings on the petitions and determine who shall be appointed guardian or conservator.

3
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2
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106.

Appointment of a temporary or emergency guardian.

(a)

Upon the filing of a petition for a temporary guardian
other than a petition for temporary guardianship for educational, medical care and dental care purposes pursuant to W.S. 3
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2
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301 through 3
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2
‑
303
and after a hearing the court may appoint a temporary guardian subject to any notice and conditions the court prescribes.

Section 3.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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