Louisiana Children’s Code 724.1 – Temporary guardianship; designated successor guardian; construction
Terms Used In Louisiana Children's Code 724.1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Child: means a person under eighteen years of age who, prior to juvenile proceedings, has not been judicially emancipated under Civil Code Article 366 or emancipated by marriage under Civil Code Article 367. See Louisiana Children's Code 603
- Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Relative: means an individual with whom the child has established a significant relationship by blood, adoption, or affinity. See Louisiana Children's Code 603
A.(1) A guardian who has entered into a guardianship subsidy agreement with the department may name an individual as a successor guardian in the agreement for the purpose of continued eligibility of the subsidy in the event of the death or incapacity of the guardian.
(2) Nothing relative to the subsidy agreement provided for in this Paragraph shall be construed to confer any right of legal guardianship, as such legal guardianship shall be established or modified pursuant to Articles 720 through 724 exclusively.
B. An individual who has been named as a successor guardian in the guardianship subsidy agreement may request an ex parte order of temporary guardianship of the child in a motion for guardianship or modification of guardianship pursuant to Article 720 or 724.
C. An ex parte order of temporary guardianship of the child may be granted to the named successor only if all of the following conditions are satisfied:
(1) The current guardian is incapacitated or deceased.
(2) It clearly appears from specific facts shown by a verified motion or by supporting affidavit that the individual is able to provide a stable and safe home for the child pending the hearing.
(3) The mover was previously named as a successor guardian in a guardianship subsidy agreement with the department as shown by the agreement.
(4) The mover certifies to the court in writing the efforts undertaken to give notice to the parent of the child, the department, and the attorney for the child of the request for the ex parte order granting temporary guardianship or the reasons supporting the claim that notice should not be required.
D. An ex parte order of temporary guardianship shall:
(1) Continue until a hearing on the motion for guardianship or modification of guardianship is held and guardianship is established or denied by the court.
(2) Provide the date on which the ex parte order is signed and the date and hour of the hearing on the motion for guardianship or modification of the guardianship.
Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.