Statutes | Cherokee Code Chapter 7B Article 6 ยง 7B-600 | 2019
(a)
In any case within the Courts jurisdiction when no parent appears in a hearing with the child after proper notice, or when a qualified petitioner has been found to meet the requirements for filing of a petition for kinship guardianship under C.C. chapter 35A, article 22, and has requested to be joined as a party to proceedings under this chapter, and when the Court finds it would be in the best interests of the child, the Court may appoint a kinship guardian or a guardian of the person for the child.
(1)
The guardian shall operate under the supervision of the Court with or without bond and shall file only such reports as the Court shall require. The guardian shall have the care, protection, custody, control and decision making authority of the child and may represent the child in legal actions before any Court.
(2)
The guardian may consent to certain actions on the part of the child in place of the parent including (i) marriage, (ii) enlisting in the Armed Forces of the United States, and (iii) enrollment in school or other decisions involving education. The guardian may also consent to any necessary remedial, psychological, medical, or surgical treatment for the child. The authority of the guardian shall continue until the guardianship is terminated by Court order, until the child is emancipated or until the child reaches the age of majority.
(b)
A guardian appointed under this section shall be joined as a party to the child maltreatment proceeding under this chapter. The Court may terminate the guardianship only if (i) the Court finds that the relationship between the guardian and the child is no longer in the childs best interest, (ii) the guardian is unfit, (iii) the guardian has neglected a guardians duties, or (iv) the guardian is unwilling or unable to continue assuming a guardians duties.
(c)
If a party files a motion under C.C. section 7B-906 or 7B-911, or article 12 of this chapter, or if a party files a kinship guardianship petition pursuant to C.C. chapter 35A, article 22, or if at any time the Court deems it appropriate the Court may, prior to granting a guardianship or conducting a review hearing, do one or more of the following:
(1)
Order the department of human services and the ICWT to conduct an investigative assessment and file a written report regarding the performance of the guardian and wellbeing of the child and give testimony concerning its investigative assessment and recommendation.
(2)
Ensure that a guardian ad litem and/or attorney advocate has been appointed for the child in accordance with C.C. section 7B-601 and has been notified of the pending motion or petition.
(3)
Take any other action necessary in order to make a determination about guardianship in a particular case.
(d)
If the Court appoints a guardian pursuant to this section, the Court shall verify that the person being appointed as guardian of the child understands the legal significance of the appointment and will have adequate resources to care appropriately for the child.
(Ord. No. 524 , 7-17-2015)