Loading chat...

AR HB1838

Bill

Status

Passed

4/16/2025

Primary Sponsor

Carol Dalby

Click for details

Origin

House of Representatives

95th General Assembly (2025 Regular)

AI Summary

  • Minors 12 years or older must consent to their adoption at the adoption hearing, and courts may waive this requirement only upon clear and convincing evidence that waiver is in the minor's best interest

  • Establishes "emergency guardianship" as a new category limited to 14 continuous days when there is imminent danger to an incapacitated person's life, health, or property, with required follow-up hearings for temporary guardianship

  • Requires clear and convincing evidence standard for granting guardianships over a parent's objection and for proving incapacity, replacing the previous "satisfactory evidence" standard

  • Extends the family relationship exemption for independent legal representation in adoptions from the second degree to the third degree of relation as defined in § 28-9-212

  • Allows courts to continue guardianship of a ward past age of majority only after a hearing with clear and convincing evidence that continuation is in the ward's best interest, with Ward's Bill of Rights protections applying

Legislative Description

To Amend The Law Concerning Probate Actions; And To Amend The Law Concerning Adoption And Guardianship.

Last Action

Notification that HB1838 is now Act 713

4/16/2025

Committee Referrals

Judiciary3/31/2025
Judiciary3/18/2025

Full Bill Text

No bill text available