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Committee advances guardianship 'off‑ramp' allowing parents to consent to pre‑adjudicatory diversion in abuse‑and‑neglect cases
Summary
A committee substitute for House Bill 4603 would permit parents whose children have been removed to seek a pre‑adjudicatory alternative disposition that places the child in guardianship (commonly kinship) rather than moving to adjudication and possible termination of parental rights; the committee advanced the bill after sponsor testimony that the process speeds resolution for select cases.
The Senate Judiciary Committee approved a strike‑and‑insert substitute to create a pre‑adjudicatory alternative disposition in chapter 49 abuse‑and‑neglect proceedings that would allow a parent to move, before adjudication, for a guardianship placement in which the parent and all adults asserting parental rights consent and certain checks are satisfied.
Under the procedure, a parent files a written motion with factual stipulations; the department and guardian ad litem must file reports and recommendations on whether the alternative is in the child's best interest; the court may grant the diversion if the GAL and department recommend it, the department consents, and the parents consent or one parent's rights are previously terminated. Once a guardian is appointed the abuse‑and‑neglect action is stayed and may be dismissed; guardians may later seek adoption after two years if adoption requirements are met.
Sponsor testimony described the option as an "off‑ramp" for select families where kinship caregivers can take permanent responsibility more quickly than through the typical 18‑ to 24‑month abuse‑and‑neglect process. The bill preserves court supervision and allows parents to petition to modify or revoke the guardianship; adoption requires consent or subsequent termination of parental rights under existing law.
The committee adopted technical edits and reported the bill to the full Senate.
