Statutes | 4 HCC § 3 Chapter III § 89 | 2020
a. Termination is the process whereby the entire guardianship is terminated. This can occur upon the child reaching the age of majority, the child becoming emancipated by Court Order, or a motion to terminate is granted.
b. An Order vesting legal custody of a child to an individual shall be for an indeterminate period.
c. The Court, upon motion of a party seeking termination of a Guardianship Order and being satisfied all parties were properly notified of the motion, may schedule a hearing to consider termination of its Order.
d. The Court may hold a hearing to terminate a Guardianship Order at any time upon the motion of any of the following:
(1) The child age sixteen (16) years of age or older.
(2) The child&rsquos parent(s).
(3) The Guardian Ad Litem.
e. Termination of a Temporary Guardianship of the Person. The motioning party bears the burden of proving that termination of the temporary guardianship is in the best interests of the child.
f. Termination of a Permanent Guardianship of the Person. The motioning party bears the burden of proving that the permanent guardian is unsuitable. The motion must set forth the factual allegations that support a finding of unsuitability.
g. Best Interests Statement. A Best Interests Statement must be filed with the Court anytime a motion is filed for termination of a guardianship. CFS shall perform the study and submit a report with its findings with regards to the bests interests of the child. CFS may set forth any recommendations with regards to a transitional plan that may include a visitation schedule.
h. Notice of Termination. Notice of an Order terminating guardianship shall be given to the parent(s), guardian(s), custodian(s), and, where appropriate, to the child.