Report Title:

Temporary Guardianship of Minor; Twelve-Month Maximum

 

Description:

Increases the maximum term of a temporary guardianship of a minor from six months to twelve months.  Takes effect January 1, 2050.  (HB296 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

296

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO FAMILY COURT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 560:5-204, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  If necessary and on petition or motion and whether or not the conditions of subsection (b) have been established, the court may appoint a temporary guardian for a minor upon a showing that an immediate need exists and that the appointment would be in the best interest of the minor.  Notice in the manner provided in section 560:5-113 shall be given to the parents and to a minor who has attained fourteen years of age.  Except as otherwise ordered by the court, the temporary guardian has the authority of an unlimited guardian, but the duration of the temporary guardianship shall not exceed [six] twelve months.  Within five days after the appointment, the temporary guardian shall send or deliver a copy of the order to all individuals who would be entitled to notice of hearing under section 560:5-205."    SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 2050.