Report Title:
Uniform Probate Code; Appointment of Guardian of the Minor
Description:
Establishes procedures for giving notice of a hearing on a petition for the appointment of a guardian of a minor in cases where notice is waived by order of the court. (SD1)
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THE SENATE |
S.B. NO. |
430 |
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TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO Probate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 560:5-207, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notice of the time and place of hearing of a petition for the appointment of a guardian of the person of a minor shall be given by the petitioner to the minor, if the minor is fourteen or more years of age, by personal service. In addition, notice of the time and place of hearing of a petition for the appointment of a guardian of the person of a minor is to be given by the petitioner in the manner prescribed by section 560:1-401 to:
(1) The person who has had the principal care and custody of the minor during the sixty days preceding the filing of the petition;
(2) Any living legal parent except [persons]:
(A) Persons whose parental rights have been terminated pursuant to chapter 571 or 587; or
(B) When, by order of the court notice is waived, upon the court's determination that the:
(i) Parent has deserted the child for a period of ninety days and upon showing that all reasonable efforts have been made, the court is unable to ascertain the parent's identity or address;
(ii) Parent has voluntarily surrendered the care and custody of the child to any other person for a period of two years;
(iii) Child of the parent is in the custody of another and the parent for a period of at least one year has failed to communicate with the child when reasonably able to do so; or
(iv) Child of the parent is in the custody of another and the parent for a period of at least one year has failed to provide for the care and support of the child when able to do so;
(3) Any living legal grandparent of the minor. For good cause, the court may waive notice to a grandparent upon showing that all reasonable efforts have been made to ascertain the identity and address of the person or to effect notice, that the efforts were unsuccessful, and that further efforts should not be required because the legal grandparent has not demonstrated a reasonable degree of interest or concern in the minor; [and] or
(4) Any guardian of the minor's property."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.