Committee reviews expedited "standby" guardianship for children when parents face adverse immigration actions

A legislative committee on March 26 examined S.95, a bill that would create a consensual, expedited "standby" guardianship for children whose custodial parents are unavailable because of an adverse immigration action, such as detention by authorities for an alleged violation of federal immigration law.

Eric (Office of Legislative Council) explained to the committee that S.95 "proposes to establish an expedited guardianship process for kids" whose parents are detained or otherwise unavailable due to immigration enforcement. He said the bill adds an "adverse immigration action" category to existing emergency and expedited guardianship provisions in the probate division.

Under the proposed language, a petitioner seeking standby guardianship must include in the probate filing whether the petition seeks standby guardianship and identify the adverse immigration action that renders the custodial parent unavailable. The bill authorizes ex parte emergency petitions in situations where a custodial parent is detained and cannot be contacted after…