Title
8. Family/Children's Code
Chapter 6. Guardianship
Resolution #04-02-07
Title 8. Family/Children's Code, Chapter 6. Guardianship
Article
I - General Provisions
Article II - Duties of Guardian
Article III - Appointment of Guardians
Article IV - Forms of Guardianship
Article V - Guardianship Proceedings
Article VI - Miscellaneous
ARTICLE I. GENERAL PROVISIONS
SECTION 101. POLICY
It is the
policy of the Pit River Tribe that guardianship is an acceptable and
sometimes preferable placement instead of adoption or long-term foster
care.
SECTION 102. AUTHORITY
(A) The
Pit River Tribal Children's Court shall have authority, whenever it
appears necessary or convenient, to appoint guardians for the persons
and/or estates, or for the purpose of actual or contemplated litigation
(guardian ad litem) of either minors or persons incompetent by reason
of physical or mental sickness or deficiency, advanced age, or chronic
use of drugs or alcohol.
(B)
The Pit River Tribal Children's Court shall have authority to appoint
guardians when the person for whom the guardianship is sought is a
member of the Tribe or the child of a member of the Tribe, whether
or not he lives on the Reservation.
(C)
The Children's Court may, in its discretion, refer matters concerning
the guardianship of a minor to the Tribal Juvenile Court.
SECTION 103. WHO MAY SERVE AS GUARDIAN
Any adult
person 21 years of age or older and subject to the jurisdiction of the
Pit River Tribal Court, may serve as a guardian. Preference shall be
given to relatives of the minor or incompetent in order of their closeness
of relationship and some preference shall also be given to a person
with whom a person with whom the minor or incompetent is living at the
time of guardianship hearing. Preference shall be given to the person
preferred to act as his guardian by a minor or incompetent over 14 years
of age, but in all cases, the Court shall determine the best interests
of the minor or incompetent in selecting a guardian.
ARTICLE II. DUTIES OF GUARDIAN
SECTION 201. POWERS AND RESPONSIBILITIES OF GUARDIAN
(A) Except
as otherwise specifically ordered or limited by the Court:
(1)
A general guardian or guardian of the person of a minor or incompetent
shall have the right to take or provide for the custody of the person
of the minor or incompetent and shall be required to care for the
health, safety and welfare of such minor or incompetent and provide
for their education and medical care as needed or appropriate.
(2)
A general guardian or guardian of the estate or property of a minor
or incompetent shall have authority to invest, manage and dispose
of the property of the minor or incompetent in a prudent and reasonable
manner and expend such portions of the estate, income and then principle,
as he shall deem reasonably necessary for the support, care, including
medical care, and education of the minor or incompetent given the
size and nature of the estate and the station in life and needs
of the minor or incompetent.
(3)
A guardian ad litem shall have power and authority to represent
a minor or incompetent's best interests in actual, threatened or
contemplated litigation or other proceedings of a legal nature (other
than of a criminal nature and/or under the Juvenile Code), and to
employ counsel, and settle or compromise suit or claims, subject
to the approval of the Court.
(B)
A guardian of any kind may petition the Court for authority to do
any act about which he is uncertain, and the Court may grant such
authority, after such notice and hearing, if any, as the Court may
direct if such appears to be consistent with the best interests of
the minor or incompetent.
(C)
A guardian or any kind shall stand in a fiduciary relationship to
the minor or incompetent ward; shall exercise a high degree of care
in managing the estate of his ward; shall derive no personal benefit
of any kind from his management of his estate of his ward; and shall
be civilly liable to said ward for any losses to the estate attributable
to a breach of these duties. Action to enforce such liability may
be brought by the ward or a subsequently appointed guardian on behalf
of the ward within two years after the appointment of a new guardian
or the removal of the incompetency or the arriving at the age of majority.
SECTION 202. SECURITY FOR FAITHFUL PERFORMANCE OF DUTIES
The Court
may, but need not, require a guardian to provide security in the form
of a bond or otherwise to assure the faithful performance of the guardian's
duties. Any surety of any such security will be deemed to have consented
to the jurisdiction of the Pit River Tribal Court for the purposes of
action against such security.
SECTION 203. OATH; LETTERS OF GUARDIANSHIP
(A) The
guardian appointed by the Court shall be required to take an oath,
the form of which to be prescribed by the Court, to the effect that
he will faithfully perform his duties as guardian.
(B)
Upon taking the oath and filing with the Court such security, if any,
as may have been required, the guardian shall be issued letters of
Guardianship, issued by the Clerk under the seal of the Court, as
evidence of his appointment. Any limitations in the authority of the
guardian shall be set forth on the Letters so issued.
SECTION 204. INVENTORY AND APPOINTMENT
(A) Within
45 days after the appointment of a general guardian or a guardian
of property or estate of a minor or incompetent, the guardian shall
prepare and submit to the Court an inventory and appointment of the
estate.
(B)
The appraisement shall be made by three disinterested persons who
shall certify under oath to their appraisement and may receive reasonable
compensation for their services.
(C)
No appraisement shall be required of items of obvious, readily ascertainable
value; e.g. bank account assets, or where the value of the estate
is reasonably believed by the guardian to be less than $1,000.00.
If no appraisement is required, the guardian shall certify under oath
to the obvious or estimated value of the assets not appraised.
SECTION 205. COMPENSATION
The Court
may order that the Court disburse monthly reimbursement payments to
the person or agency to whom custody is granted under this code, provided
sufficient funds have been appropriated by the Tribal Council. Said
disbursements must be used by the person or agency with custody of the
child for the sole purpose of covering expenses incurred in the care
and custody of said child and shall not be used for any other purpose.
The use of said funds for any purpose other than that described in this
section shall subject said person or agency to contempt of Court and
to any criminal and civil penalties or remedies provided by the Tribal
code.
ARTICLE III. APPOINTMENT OF GUARDIANS
SECTION 301. HOW GUARDIANS ARE APPOINTED
(A) By
will. The last surviving parent or spouse of a minor or mental
incompetent may designate in a will the guardian for the minor or
mental incompetent. Upon determination by the Court that the will
is valid, and that the person designated is willing to accept the
responsibilities of guardianship, the Court shall appoint the person
designated; provided that for good cause shown, the Court may decline
to appoint the person designated.
(B) By
Court appointment. Where a minor or mental incompetent is in need
of a guardian, and no guardian is appointed pursuant to a valid will,
the Court may appoint a guardian, to promote the best interests of
the minor or mental incompetent.
(C) Hearing.
In each case where a guardian is to be appointed, either by will,
or by Court appointment, a hearing shall be held following notice
to all interested parties.
SECTION 302. APPOINTMENT OF GUARDIAN
(A) Upon
petition by any person with a legitimate interest in the welfare of
the child, excluding the child welfare coordinator, the Children's
Court may appoint a guardian for a child who is without both parents
or whose parents are unavailable for reason of incarceration or commitment
or otherwise unable to care for the child. Except when the petitioner
is a person with an interest in the child, the decision to allow a
person to petition for the appointment of a guardian shall be in the
Court's discretion. The Court may impose any restriction or limitation
on the powers of a guardian, or condition its appointment on the guardian's
performance of specified duties, not inconsistent with this Chapter,
it finds will help protect the child's interest.
(B)
A guardian may be appointed to exercise custody and the power to make
decisions of importance to the child's health, education, support
and welfare. Such a guardian shall be known as a "guardian of
the child." A guardian of the child may not manage the financial
interests of the child.
(C)
A guardian may be appointed to conserve the assets, income, and financial
interests of a child, subject to a duty of disclosure and reporting
to the Children's Court regarding such matters no less than annually.
Any such order shall fix a date or dates for the filing of such reports
and may require the posting of a bond or other conditions to protect
the child's interests. Such a guardian shall be known as a "guardian
of the child's estate." A guardian of the child may be guardian
of the child's estate or separate guardians may be appointed.
SECTION 303. APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR OR INCOMPETENT
PARENT
(A) Whenever,
with respect to any petition filed under this Ordinance, it appears
that either parent of the child is a minor or incompetent, the Court
shall appoint a Guardian Ad Litem for such parent. The Guardian Ad
Litem shall be an attorney authorized to practice law in Tribal Court.
(B)
The Guardian Ad Litem shall be allowed reasonable compensation which
shall be assessed against the petitioner. If the Court finds that
the petitioner is unable to pay, the reasonable compensation shall
be paid by Court, which may seek reimbursement of such fees according
to Tribal law.
SECTION 304. CHILD MAY NOMINATE GUARDIAN
(A) If
a child is under the age of fourteen (14) years, the Court may nominate
or appoint their guardian. If the child is fourteen (14) years of
age or older, the child may nominate their own guardian who, if approved
by the Court, must be appointed accordingly.
(B) If
the guardian nominated by the child is not approved by the Court,
or if the child resides outside of the reservation, or if, after being
duly cited by the Court, the child neglects for ten (10) days to nominate
a suitable person, the Court may nominate and appoint the guardian
in the same manner as if the child were under the age of fourteen
(14) years.
(C) When
a guardian has been appointed by the Court for a child under the age
of fourteen(14) years, the child, at any time after the child attains
that age, may nominate their own guardian, subject to the approval
of the Court. A guardian appointed may as specified by the Court have
the custody and care of the education of the child and the care and
management of their property until such child arrives at the age of
eighteen (18) marries, is emancipated by the Court, or until the guardian
is legally discharged, provided, however, that said guardian shall
not have the authority, without express written consent of the Court,
to dispose of any real or personal property of the child in any manner,
including, but not limited to, the child's Individual Indian Money
Account and the child's per capita distribution held for the child's
benefit in the minor's trust fund. Said guardian shall also have the
authority to consent to the medical care and treatment of the child.
ARTICLE IV. FORMS OF GUARDIANSHIP
SECTION 401. TYPES OF GUARDIANSHIP
The types
of guardianship shall include guardianship of property and/or guardianship
of the person. Guardianship of the person shall include both temporary
guardianship and permanent guardianship.
SECTION 402. PERMANENT GUARDIANSHIP
The Court
may appoint a permanent guardian for the child under such terms and
conditions as the Court sets forth in the written order. Permanent guardianship
provides for permanent custody of a child to someone other than the
parent(s), although there is no termination of the parental rights of
the parents. There shall be a presumption of continued permanent guardianship
in order to provide stability for the child. Permanent guardianship
shall only be terminated based upon the unsuitability of the permanent
guardian(s) rather than the competency or suitability of the parent(s).
The parent(s) and the child's extended family shall be granted liberal
visitation rights unless deemed inappropriate by the Court.
SECTION 403. TEMPORARY GUARDIANSHIP
The Court
may appoint a temporary guardian under such terms and conditions as
the Court sets forth in the written order. A temporary guardianship
may be terminated if the Court determines that it is in the best interest
of the child to change custody from the temporary guardian to a new
guardian or to return the child to the parent, guardian or custodian.
The parent(s) and the child's extended family shall be granted liberal
visitation rights unless deemed inappropriate by the Court.
SECTION 404. GUARDIANSHIP OF PROPERTY
The Court
may appoint a guardian of the property of a child or incompetent person
under such terms and conditions as the Court sets forth in the written
order. The guardianship may cover all property until the child reaches
eighteen (18) years of age or until the incompetent person becomes competent
or it may be limited to only specific property or a specific legal action
as set forth in the written order. A temporary or permanent guardianship
of the person may also include guardianship of the child's property
if set forth in the written order.
SECTION 405. GUARDIANSHIP OF TRUST PROPERTY
The Court
is hereby authorized to appoint a Guardian of the trust estate of minors
or incompetents using the procedures and safeguards outlined herein
for the purpose of conveying or consenting to the conveyance of an interest
in trust property owned by such minor or incompetent if it appears that
the price to be paid is reasonable and adequate and that such sale is
in the best interests of said minor or incompetent. All actions taken
by such guardian consenting to or conveying trust property shall be
subject to the approval of the Superintendent.
SECTION 406. TEMPORARY GUARDIANSHIP AND CUSTODY
The Court
shall have the power to entertain and grant or deny petitions for temporary
guardianship and custody when it determines it to be in the best interest
of the child, incompetent or non-competent person involved; provided,
that full notice and opportunity to be heard be given to all parties
with ten (10) days thereafter, and further provided that no guardian
so appointed sell, dispose of, convey or otherwise alienate title to
or interest in the ward's property during such temporary period.
SECTION 407. MANAGEMENT OF PROPERTY
(A) In
the event that any guardian shall receive any money or funds of any
child or incompetent person during their term of office as guardian,
before taking and receiving into custody such money or funds, the
Court must require of such person a bond with sufficient surety to
be approved by the Court and in such sum as the Court shall order,
conditioned that the guardian will faithfully execute the duties of
their trust, and the following conditions shall form the part of such
bond without being expressed therein:
(1)
To make an inventory of all the estate of the ward that comes into
their possession or knowledge and to return the same within such
time as the Court may order, and;
(2)
To dispose of and manage the estate according to law and for the
best interests of the ward, and faithfully to discharge their trust
in relation thereto, and also in relation to the care, custody and
education of the ward, and;
(3)
To render an account on oath of the property, estate and money of
the ward in their hand and all the proceeds or interests derived
therefore, and of the management and disposition of the same, within
there (3) months after their appointment, and at such other times
as the Court directs, and at the expiration of their trust, to settle
their accounts with the Court or judge or with the ward if the ward
is of full age, or their legal representative, and to pay over and
deliver all the estate, movies and effects remaining in their hands,
or due from them on such settlement to the person who is legally
entitled thereto.
(B) The
funds of any child or incompetent must be used by their guardian solely
for the support and education of such child and for the support of
such incompetent, and shall be expended by the guardian in a reasonable
manner according to the circumstances and station in life of such
ward, and in such manner as can reasonably be afforded according to
the income and estate of said ward.
(C) If
determined to be appropriate by the Court, the written order may set
forth that the child's property may not be used for the child's care,
but rather to be managed for the child until the child reaches the
age of eighteen (18) or is emancipated by the Court.
SECTION 408. DISBURSEMENT OF PER CAPITA PAYMENTS
(A) A
parent or guardian of the estate of a minor or incompetent person
may petition the Tribal Court for the authority to expend or distribute
an appropriate portion or all of the income or principal of the per
capita payment of the ward being held for the benefit of that ward
in accordance with the Tribal Gaming Revenue Allocation Plan for the
support, maintenance, education, general use and benefit of the ward
and the ward's dependents, in the manner, at the time or times and
to the extent that the guardian, in an exercise of a reasonable discretion,
deems suitable and proper, with or without regard to any other funds,
income or property which may be available for that purpose.
(B) In
considering any petition filed under this Chapter, the Court shall
give due regard to:
(1)
The size of the ward's estate;
(2)
The probable duration of any guardianship and the likelihood that
the ward, at some future time, may be fully able to manage his or
her affairs and the estate which has been conserved for him or her;
and
(3)
The accustomed standard of living of the ward and members of the
ward's household;
(4)
Recommendations relating to the appropriate standard of support,
education and benefit for the ward made by a parent or guardian
of the person, if any;
(5)
The policy and requirements of the Gaming Revenue Allocation Plan
as enunciated therein.
(D) The
Tribal Court shall establish such rules of procedure as may be necessary
to administer this Section.
ARTICLE V. GUARDIANSHIP PROCEEDINGS
SECTION 501. PETITION
(A) Guardianship
proceedings shall be initiated by the filing of a petition by a relative
or other person on behalf of the minor or incompetent, or by a minor
himself if over 14 years of age. The Court may initiate proceedings
to appoint a guardian if such appointment reasonably appears necessary
and no other person has initiated such proceedings.
(B)
Guardianship Petition. The petition for guardianship may be filed
by any of the following persons:
(1)
Either or both parents, including a parent who is a minor;
(2)
The Tribal Prosecutor on behalf of the Tribe;
(3)
Any person possessing a legitimate interest in the matter.
(C)
The petition for guardianship shall include the following information:
(1)
The name, sex, date and place of birth, present address and tribal
affiliation of the child who is the proposed ward;
(2)
The name and address of the petitioner, and the nature of the relationship
between the petitioner and the child;
(3)
The names, dates of birth, address, tribal affiliation of the child's
parents;
(4)
The name of the person or agency of the proposed guardian;
(5)
If the parent of the child is a minor, the names and addresses of
the parents or guardian of the minor;
(6)
The name and address of the person or agency having legal or temporary
custody of the child;
(7)
The facts upon which the guardianship is sought, the effects of
the guardianship and the basis for the Court's jurisdiction; and
(8)
A statement describing the property owned, possessed, or in which
the child has an interest and the value of such property or property
interest.
(D)
If the information required under subdivisions (2), (3) and (7) of
subsection (C) of this Section is not stated, the petition shall be
dismissed. If any of the other facts required hereunder are not known
or cannot be ascertained by the petitioner, the petitioner shall so
state in the petition. The petitioner shall sign and date the petition,
and attest to the veracity of the information contained therein.
SECTION 502. NOTICE
(A) Notice
of the hearing and a copy of the petition, certified by the petitioner
or his attorney or the Court Clerk, shall be served at least ten days
before the date of the hearing by personal service on the persons
enumerated in subsection b. of this Section. If personal service cannot
be reasonably effected or the address of any person is unknown, a
Judge or Court Clerk shall order notice to be given by registered
or certified mail, return receipt requested, or by publication at
least ten days before the date of the hearing in a newspaper of general
circulation in the place of the last-known address of the person to
be notified, whether within or without California, or if no such address
is known, in a newspaper of general circulation in the region where
the Court is located.
(B)
The Court shall also cause a notice of the hearing to be given to
the parents of the minor child, including any parent of a minor who
is himself a parent, the guardian or any other person whom the Court
deems appropriate, the Director of Indian Child Welfare, and to the
child if he is over the age of fourteen years. The notice shall state
that the party for whom a guardianship is being sought has the right
to be represented by counsel.
(C)
Notice and appearance may be waived by a parent in writing before
the Court, provided that such parent has been apprised by the Court
of the meaning and consequences of the guardianship action. The parent
who has executed such a waiver shall not be required to appear at
the subsequent hearing. Where the parent is a minor, the waiver shall
be effective only upon approval by the Court.
SECTION 503. GUARDIANSHIP REPORT
(A) Upon
the filing of a guardianship petition, the Court shall immediately
request that the social services department or other qualified agency
conduct a guardianship report on the proposed guardian and report
on the proposed ward. The guardianship report shall contain all pertinent
information necessary to assist the Court in determining the best
interest of the proposed ward.
(B) No
determination can be made on a petition for guardianship until the
report has been completed and submitted to an considered by the Court.
The guardianship report shall be submitted to the Court no later than
ten (10) days before the hearing. The Court may order additional reports
as it deems necessary.
SECTION 504. CONSENT TO GUARDIANSHIP
(A) If
a petition indicates that either or both parents consent to the guardianship,
or if any time following the filing of a petition and before the entry
of a final decree, a parent consents to the guardianship, each consenting
parent shall acknowledge such consent in writing on a form promulgated
by the Chief Judge, before the Court, evidencing to the satisfaction
of the Court that the parent has voluntarily and knowingly consented
to the guardianship and that the terms and consequences of such consent
are understood by the parent. The Court shall also certify that either
the parent or guardian fully understood the explanation in English
or that it was interpreted into a language that the parent or guardian
or custodian understood.
(B) No
voluntary consent to guardianship by a mother shall be executed prior
to or within ten days after the birth of the child. A minor who is
a parent shall have the right to consent to the guardianship and such
consent shall not be voidable by reason of such minority.
(C)
In any voluntary proceeding the consent of the parent may be withdrawn
for any reason at any time prior to the entry of a final decree, and
where the child has been placed out of the family, the child shall
be returned to the parent unless the Court finds good cause to the
contrary not to return the child.
SECTION 505. HEARING
(A) At
the hearing held on the petition for the guardianship, any party to
whom notice was given shall have the right to appear and be heard
with respect to the petition. If the parent who is consenting to the
guardianship appears at the hearing, the Court shall explain to the
parent the meaning and consequences of the guardianship action.
(B)
Upon finding at the hearing or at any time during the pendency of
the petition that reasonable cause exists to warrant an examination,
the Court, on its own motion or on motion of any party, may order
the child to be examined by a physician, psychiatrist, or licensed
clinical psychologist appointed by the Court. The Court may also order
an examination of a parent or guardian whose competency or ability
to care for a child before the Court is at issue. The expenses of
any examination if ordered by the Court shall be paid by the petitioner,
or if ordered on motion by a party, shall be paid for by that party
unless such party or petitioner is unable to pay, in which case, they
shall be paid by the Court. The Court may consider the results of
the examination in ruling on the merits of the petition.
(C)
The Court may, in any contested case, request the Indian Child Welfare
Department to make an investigation and written report to the Court
within forty-five (45) days from receipt of such request. The report
shall indicate the physical, mental and emotional health of the child
and shall contain such facts as may be relevant to determine whether
the proposed guardianship will be in the best interests of the child,
including the physical, mental and social and financial condition
of the proposed guardian, and any factors which the agency deems relevant
to determine whether the proposed guardianship will be in the best
interests of the child.
(D)
If such a report is requested, the Court shall schedule a hearing
not more than thirty (30) days from the date the expiration of the
forty-five (45) day time period or receipt of the report, whichever
is earlier. The Court shall give reasonable notice of the investigation
hearing to all parties to the first hearing.
(E)
The report shall be admissible in evidence, subject to the right of
any interested party to require that the person making it appear as
a witness and subject himself to examination.
(F)
At either the investigation hearing or the first hearing, if no investigation
and report has been requested, the Court may approve the petition
for guardianship and may appoint a guardian of the person of the child,
if it finds by a preponderance of the evidence, including the testimony
of a qualified expert witness, that the guardianship is in the best
interests of the child, and, with respect to any consenting adult
that such consent was voluntarily and knowingly given.
(G)
If the Court denies a petition for guardianship, with or without consent,
it may refer the matter to the Indian Child Welfare Department to
assess the needs of the child, the care the child is receiving, and
a remediation plan for the parent.
SECTION 506. FINDINGS AND ORDERS
(A) The
Court shall make written findings in determining whether to appoint
a guardian based on a consideration of:
(1)
The timeliness, nature and extent of services offered or provided
to the child or parent by any tribal or state agency to facilitate
the preservation of the family;
(2)
The terms of any applicable Court order and the extent to which
the parties have fulfilled their obligations thereunder;
(3)
The feelings and emotional ties of the child with respect to his
parents, the proposed guardian, or any person who has provided physical
care or custody to the child during the preceding year and with
whom the child has developed significant emotional ties;
(4)
The age of the child;
(5)
The efforts the parent has made to make it in the best interests
of the child to be reunited with the parent; and
(6)
The extent to which the parent may have been prevented from maintaining
a meaningful relationship with the child.
(B)
Whenever the Court finds that a guardian should be appointed, the
Court shall appoint either a temporary or permanent guardian over
the person of the child under such terms and conditions as the Court
sets forth in the written order. An appointment of a guardianship
shall not terminate the parental rights of the parents, however, the
guardian shall have the responsibility for the care, custody and education
of the child until she attains the age of eighteen (18) years, marries,
is emancipated by the Court, or until the guardian is legally discharged.
The guardian shall also have the authority to consent to the medical
care and treatment of the child. The Court may grant visitation rights
to the parents and the child's extended family under the terms and
conditions as the Court deems to be in the best interests of the child.
The guardian shall not have the authority, without the express written
consent of the Court, to use or dispose of any real or personal property
of the child in any manner.
(C)
Any support obligation existing prior to the effective date of the
Court's order shall not be severed or terminated.
SECTION 507. INCOMPETENT PERSONS
(A) In
case of incompetent persons, if after a full hearing and examination
upon such petition, and upon further proof by the certificate of a
qualified physician showing that any person is incompetent as defined
in this Code, it appears to the Court that the person in question
is not capable of taking care of themselves and of managing their
property, such Court must appoint a guardian of the person and estate
within the powers and duties specified in this chapter.
(B) Every
guardian of an incompetent person appointed as provided herein has
the care and custody of the person of their ward and the management
of their estate until such guardian is legally discharged; the guardian
must give bond to such ward in like manner and with like conditions
as before specified with respect to the guardianship of a child.
(C) A
person who has been declared insane or incompetent or the guardian,
or any relative of such person within the third degree or any friend,
may apply by petition to the Court in which they were declared insane,
to have the fact of their restoration to capacity judicially determined.
The petition shall be verified and shall state that such person is
then sane or competent. The Court shall require notice to be given
of a hearing upon said petition at some date after said petition has
been filed; and at the hearing upon said petition, witnesses shall
be examined and a determination made by the court as to whether the
petition should be granted and the insane or incompetent person be
declared of sound mind and capable of taking care of themselves and
their property, their restoration to capacity shall be adjudged and
the guardianship of such person, if such person shall not be a child,
shall cease.
ARTICLE VI. MISCELLANEOUS
SECTION 601. TERMINATION OF GUARDIANSHIP
(A) A
temporary guardianship may be terminated upon a determination that
it is in the best interests of the child to change custody from the
guardian to a new guardian or to return the child to the child's parent.
(B)
A permanent guardianship shall only be terminated upon a determination
of the unsuitability of the permanent guardian rather than the competency
or suitability of the parents.
(C)
Upon motion of any person, or the Tribe, the Court may provide notice
and a hearing on whether to terminate a guardianship. Grounds for
termination shall include, but not be limited to, personal use by
the guardian of the assets of the ward, failure to provide a reasonable
level of care for the ward, or the marriage of a minor ward. No termination
of the guardianship of a minor or incompetent person shall dive rise,
in any way, to any right to or distribution of that minor or incompetent
person's per capita payment in any way other than as otherwise permitted
pursuant to the Pit River Tribal Law and Order Code.
(D) Guardianship,
including for guardians of the property the control over the ward's
assets, shall terminate automatically upon a minor reaching age 18,
or upon a mental incompetent being adjudged by the Court to have regained
legal capacity.
SECTION 602. REVIEW OF GUARDIANSHIP
The status
of all children who have been placed with a guardian pursuant to this
Ordinance shall be reviewed by the Court at least once a year, or as
otherwise directed by the Court. Whenever a guardian of the child's
property has been appointed, the guardian shall submit a yearly accounting
regarding the guardian's use of the child's property to the Court for
review and approval.
SECTION 603. GUARDIANSHIP RECORDS
The Clerk
shall keep a separate, permanent file for each guardianship proceeding
and shall file all papers relevant thereto, including petitions, notices,
orders for hearings, etc. Any guardian duly appointed shall be entitled
to receive, without charge, three certified copies of the Letters of
Guardianship. Certified copies of filed papers shall be otherwise available
at a fee per copy to be established by the Clerk of Courts.
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