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AL SB95

Bill

Status

Passed

4/7/2016

Primary Sponsor

Dick Brewbaker

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Origin

Senate

Regular Session 2016

AI Summary

SB95 Summary

  • Allows kinship guardianship agreements to name a successor guardian who can assume care if the original kinship guardian dies or becomes incapacitated, with successor guardians having the same rights and responsibilities as kinship guardians.

  • Defines "age or developmentally appropriate" activities and establishes a "reasonable and prudent parent standard" for caregivers to authorize foster children's participation in age-appropriate activities, with immunity from civil liability for caregivers acting in good faith under this standard.

  • Lowers the age threshold from 16 to 14 years old for juvenile courts to consider and provide services to help foster children transition to independent living.

  • Establishes successor guardianship appointment procedures requiring background checks, written agreements naming the successor guardian, and consultation with children age 14 or older regarding the arrangement.

  • Makes kinship guardianship subsidy payments available to successor guardians and exempt from taxation, resource calculations for public benefits, and legal process such as garnishment or attachment.

Legislative Description

Children, foster care and guardianship, kinship guardian agreements, many of successor guardians, age appropriate activities, adoption of prudent parent standard, limitation of liability, age for court to consider independent living lowered, Secs.12-15-301, 12-15-314, 12-15-315, 38-12-32, 38-12-35, 38-12-36, 38-12-37, 38-12-38, 38-12-40 am'd.

Children

Last Action

Assigned Act No. 2016-129.

4/7/2016

Committee Referrals

Judiciary3/3/2016
Education and Youth Affairs2/2/2016

Full Bill Text

No bill text available