8-871

8-871. Permanent guardianship of a child

A. The court may establish a permanent guardianship between a child and the
guardian if the prospective guardianship is in the child's best interests and all of the
following apply:

1. The child has been adjudicated a dependent child.

2. The child has been in the custody of the prospective permanent guardian for at
least nine months as a dependent child. The court may waive this requirement for good
cause.

3. If the child is in the custody of the division or agency, the division or agency
has made reasonable efforts to reunite the parent and child and further efforts would be
unproductive. The court may waive this requirement if it finds that reunification
efforts are not required by law or if reunification of the parent and child is not in the
child's best interests because the parent is unwilling or unable to properly care for the
child.

4. The likelihood that the child would be adopted is remote or termination of
parental rights would not be in the child's best interests.

B. The court may consider any adult, including a relative or foster parent, as a
permanent guardian. An agency or institution may not be a permanent guardian. The court
shall appoint a person nominated by the child if the child is at least twelve years of
age, unless the court finds that the appointment would not be in the child's best
interests. The court shall consider the child's objection to the appointment of the
person nominated as permanent guardian.

C. In proceedings for permanent guardianship, the court shall give primary
consideration to the physical, mental and emotional needs of the child.

D. Unless otherwise set forth in the final order of permanent guardianship, a
permanent guardian is vested with all of the rights and responsibilities set forth in
section 14-5209 relating to the powers and duties of a guardian of a minor, other than
those rights and responsibilities of the birth or adoptive parent, if any, that are set
forth in the decree of permanent guardianship.

E. At the guardianship hearing, or by notice filed after the appointment of a
permanent guardian or a successor permanent guardian pursuant to section 8-874, the
guardian may advise the court as to the identity and contact information of potential
successor permanent guardians.

F. The division or agency shall not be responsible for the requirements pursuant to
subsection A, paragraph 3 of this section for a petition concerning a child not in the
care, custody and control of the division or agency.