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H.B. 367





Chief Sponsor: Laura Black

Senate Sponsor: ____________

             7      LONG TITLE
             8      General Description:
             9          This bill amends the Utah Uniform Probate Code relating to the court appointment of a
             10      minor's guardian.
             11      Highlighted Provisions:
             12          This bill:
             13          .    requires an individual seeking guardianship to provide evidence relating to the
             14      minor's school attendance and intention of becoming a permanent state resident;
             15          .    requires a court to:
             16              .    deny guardianship in certain circumstances; and
             17              .    conduct an evidentiary hearing in certain circumstances;
             18          .    permits a school district to object to the appointment of a guardian and conduct
             19      discovery in certain circumstances; and
             20          .    makes technical changes.
             21      Monies Appropriated in this Bill:
             22          None
             23      Other Special Clauses:
             24          None
             25      Utah Code Sections Affected:
             26      AMENDS:
             27          75-5-206, as last amended by Laws of Utah 1995, Chapter 156

             29      Be it enacted by the Legislature of the state of Utah:
             30          Section 1. Section 75-5-206 is amended to read:
             31           75-5-206. Court appointment of guardian of minor -- Qualifications -- Priority of
             32      minor's nominee.
             33          (1) (a) The court may appoint a person as a guardian [any person whose] of a minor if
             34      the appointment would be in the best interests of the minor and the provisions of this chapter
             35      have been met.
             36          (b) In determining the minor's best interests, the court may consider the minor's
             37      physical, mental, moral, and emotional health needs.
             38          (2) Except as provided in [Subsection] Subsections (3) and (4), the court shall appoint
             39      a person nominated by the minor, if the minor is 14 years of age or older, unless the court finds
             40      the appointment contrary to the best interests of the minor.
             41          (3) The court may deny the appointment of a guardian for a minor of school age if it
             42      finds that:
             43          (a) if the minor is older than 11 years of age:
             44          (i) the minor has not secured a certificate from the local police authority in the
             45      jurisdiction where the minor has lived during the past two years stating that there have been no
             46      criminal charges filed against the minor and the minor is not the subject of a criminal
             47      investigation in that jurisdiction and given a copy of the certificate to the superintendent of the
             48      school district in which the minor would attend school in Utah; or
             49          (ii) a release has not been given by or on behalf of the minor to the superintendent of
             50      the school district in which the minor would attend school in Utah within a reasonable time
             51      prior to the guardianship hearing, allowing the superintendent full access to all criminal records
             52      of the minor in those jurisdictions outside the state where the minor has resided during the
             53      previous two years, which release remains part of the minor's school records together with
             54      verification of residence for the previous two years, except that information disclosed in the
             55      criminal records may not be made a part of the minor's school record;
             56          (b) the [school district has proven] petitioner fails to prove by a preponderance of the
             57      evidence that [the primary purpose for] the petitioner is not seeking, in part, the guardianship
             58      [is] to avoid the payment of tuition, which a school district may assess against a nonresident for

             59      attendance at a Utah public school; or
             60          (c) after consideration of relevant evidence, including any presented by the school
             61      district in which the petitioner resides, the minor's behavior indicates an ongoing unwillingness
             62      to abide by applicable law or school rules.
             63          (4) (a) The court shall deny the appointment of a guardian for a minor of school age if
             64      it finds that:
             65          (i) the minor seeks to attend school for more than 30 school days in the state; and
             66          (ii) it is not the intention of the petitioner that the minor become a permanent resident
             67      of the state.
             68          (b) The petitioner shall have the burden to prove the intention for the minor to become
             69      a permanent resident of the state by a preponderance of the evidence.
             70          (5) (a) A school district may object to the appointment of a guardian for a minor who
             71      seeks to attend school in the school district.
             72          (b) Upon receipt of the objection described in Subsection (5)(a), the court in which the
             73      petition for guardianship has been filed shall conduct an evidentiary hearing in which the
             74      school district shall be allowed to participate to determine compliance with this chapter.
             75          (c) The school district may conduct discovery if the school district files an objection.

Legislative Review Note
    as of 2-16-10 1:02 PM

Office of Legislative Research and General Counsel

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