Statutes | 4 HCC § 3 Chapter XIII § 76 | 2020
a. Time of Hearing. A Guardianship Hearing shall be held within forty-five (45) days of filing of a Guardianship Petition.
b. Purpose of Hearing. The Court shall conduct the hearing to determine if it is in the best interests of the child to be placed with the proposed guardian and whether the proposed guardian is suitable to be appointed.
c. Rights of Parties. During these hearings, the Court shall advise the party(ies) of the following basic rights:
(1) The reason for the hearing.
(2) Right to counsel at their own expense. The Court shall permit one continuance to secure counsel, unless reasonable efforts are shown to the Court that the parties are actively seeking counsel. In granting continuances, the Court must consider the increased length of time the child will be in out-of-home placement due to such continuances.
(3) Right to confront and cross-examine those appearing against them.
(4) Right to present and subpoena witnesses.
(5) Right to substitution of judge. The parties shall be notified that a request for substitution of judge must be made at the outset of the Guardianship Hearing or this right will be deemed waived unless good cause is shown at a later point in the proceedings.
d. Evidence and Testimony. In determining the best interests of the child and the suitability of the proposed guardian, the Court shall examine each of the following:
(1) Length of time of the child&rsquos guardianship by the Court.
(2) Special conditions of the child.
(3) Parent communication with the child.
(4) Minor&rsquos consent to guardianship dependent upon maturity.
(5) Any report submitted by CFS and the Guardian Ad Litem.
(6) Order of preference of placement.
e. Closed Hearing. The general public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, the child&rsquos Traditional Relatives, and other persons determined to be appropriate by the Court shall be permitted to attend.