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Code · BILL · 117th Congress · H.R. 5600 (Introduced in House) — To assist States in improving guardianship oversight and data collection. · Sec. 5

Sec. 5. State guardianship databases

351 words·~2 min read·/bill/117/hr/5600/ih/section-5

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

Section 2042(c) of the Social Security Act ( 42 U.S.C. 1397m–1(c) ) is amended— in paragraph (1), by striking paragraph (2)(E) and inserting subparagraphs (E), (F), (G), and
(H)of paragraph
(2); in paragraph (2)— in the matter preceding subparagraph (A)— by striking Funds and inserting Subject to paragraph (7), funds ; and by striking subparagraph
(E)and inserting subparagraphs (E), (F), (G), and
(H); in subparagraph (E), by striking or at the end; by redesignating subparagraph
(F)as subparagraph (I); and by inserting after subparagraph
(E)the following new paragraphs: methods to assess State guardianship statistics such as the creation of State databases to collect information about the number and characteristics of guardianship arrangements, guardians, individuals subject to guardianship, and individuals receiving supported decision-making services or other alternatives to guardianship; the use of trained court visitors to improve court administration of guardianship arrangements, including the appointment and oversight of guardians and adoption of less restrictive alternatives to guardianship, and to encompass a broad range of entities that could provide oversight and support to adults subject to guardianship; methods for collecting, storing, and making available to the appropriate individuals, organizations, and entities information on prospective, current, and previously appointed guardians, which may include— information relating to background check investigations; court decisions regarding petitions for appointment as a guardian, including the rationale for such decisions; and information relating to the cause for removal of the guardian or termination of the guardianship arrangement; or ; in paragraph (4), by striking paragraph (2)(E) and inserting subparagraphs (E), (F), (G), and
(H)of paragraph
(2); in paragraph (5), by striking paragraph (2)(E) each place it appears and inserting subparagraphs (E), (F), (G), and
(H)of paragraph
(2); and by adding at the end the following new paragraph: The Secretary shall ensure that at least 5 percent of the total of any funds made available to carry out this subsection in a fiscal year is awarded under grants to the highest courts of States for purposes of conducting demonstration programs described in subparagraphs (E), (F), (G), and
(H)of paragraph (2). .
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  • 42 USC 1397m–1(c)
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Sec. 5
State guardianship databases
Cite42 USC 1397m–1(c)
Cites 1Cited by 0 across 0 sources
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