Standby Caretaker Act.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill, the Standby Guardianship Act, creates a process for designating a standby guardian for a minor child. If a custodial parent or legal guardian experiences an ‘adverse immigration action,’ a designated person can step in to care for the child. The bill outlines specific requirements for this designation, including a statutory affidavit and a court hearing to formally appoint the standby guardian. It also addresses alternate standby guardians and the termination of the nomination, ensuring the child’s best interests are prioritized.
Key provisions
- Allows a custodial parent or legal guardian to designate a standby guardian for a minor child.
- Establishes a ‘Standby Guardian’s Authorization Affidavit’ with specific requirements and a statutory form.
- Triggers the standby guardianship upon an ‘adverse immigration action’ as defined in the bill.
- Authorizes the designation of an alternate standby guardian.
- Requires a court hearing to formally appoint a standby guardian.
- Provides a mechanism for terminating a standby caretaker nomination.
- Requires court records related to the standby guardianship to be confidential.
- Expands the definition of perjury to include the signing of the affidavit.
Who is affected
- Minor children
- Custodial parents
- Legal guardians
- Standby guardians
- Schools and school districts
Notable changes
Bill text
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Sponsors
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1 on record
Primary sponsor
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