Statutes | 4 HCC § 3 Chapter III § 88 | 2020
a. Removal is the process to remove a guardian from his/her role due to his/her failure to perform the guardian&rsquos duties as set forth in this Act. The guardianship itself continues with a successor guardian taking over the role of guardian.
b. The Court may order the removal of a guardian for cause, but no removal shall be made until there has been a hearing after due notice to all persons concerned.
c. The Court may hold a hearing to remove a guardian 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 grandparents or parent(s).
(3) The child&rsquos Traditional Relatives having a legitimate interest in the particular case.
(4) The Guardian Ad Litem.
(5) Upon motion of the Court.
d. The motioning party bears the burden of proving that the guardian is or has been neglecting the child and/or estate and is or has been refusing or is unable to perform the guardian&rsquos duties. The motion must include factual allegations of neglect or failure to fulfill the guardian&rsquos duties.
e. Best Interests Statement. A Best Interests Statement must be filed with the Court any time a motion is filed for removal of a guardian. CFS shall submit the written statement of its findings with regards to the best interests of the child three (3) days prior to the hearing.
f. Notice of Removal. Notice of an Order removing a guardian shall be given to the parent(s), guardian(s), custodian(s), and, where appropriate, to the child.