8-873. Revocation of permanent guardianship

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The child, a parent of the child, the guardian of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including:

1. The child's parent is able and willing to properly care for the child.

2. The child's permanent guardian is unable to properly care for the child.

B. The court shall appoint a guardian ad litem for the child in any proceeding for the revocation of permanent guardianship.

C. The court may revoke the order granting permanent guardianship of a child who previously has been adjudicated a dependent child if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is in the child's best interest. When making this determination, the court shall consider all of the following:

1. The child's position on the revocation of the guardianship if the child is at least twelve years of age.

2. The duration of the guardianship and the level of contact between the parent and the child during the guardianship.

3. Any other relevant factor.

D. The court may revoke the order granting permanent guardianship of a child who has been the subject of a dependency petition but who has not been adjudicated a dependent child and order that the child be returned to the child's parent if all of the following are true:

1. The child, parent of the child, party to the dependency petition or guardian petitions the court for revocation.

2. The court finds by clear and convincing evidence that the parent has remedied the grounds alleged in the guardianship motion.

3. The court finds by clear and convincing evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. When making this determination, the court shall consider all of the following:

(a)The child's position on the revocation of the guardianship if the child is at least twelve years of age.

(b)The duration of the guardianship and the level of contact between the parent and the child during the guardianship.

(c)Any other relevant factor.

E. The court may set a case plan of guardianship after revocation of a permanent guardianship even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent.