53A-2-202 - Guardianship for residency purposes by responsible adult -- Procedure to obtain -- Termination.
53A-2-202. Guardianship for residency purposes by responsible adult -- Procedureto obtain -- Termination.
(1) For purposes of this part, "responsible adult" means a person 21 years of age or olderwho is a resident of this state and is willing and able to provide reasonably adequate food,clothing, shelter, and supervision for a minor child.
(2) A local board of education may adopt a policy permitting it to designate a responsibleadult residing in the school district as legal guardian of a child whose custodial parent or legalguardian does not reside within the state upon compliance with the following requirements:
(a) submission to the school district of a signed and notarized affidavit by the child'scustodial parent or legal guardian stating that:
(i) the child's presence in the district is not for the primary purpose of attending thepublic schools;
(ii) the child's physical, mental, moral, or emotional health would best be served by atransfer of guardianship to the Utah resident;
(iii) the affiant is aware that designation of a guardian under this section is equivalent toa court-ordered guardianship under Section 75-5-206 and will suspend or terminate any existingparental or guardianship rights in the same manner as would occur under a court-orderedguardianship;
(iv) the affiant consents and submits to any such suspension or termination of parental orguardianship rights;
(v) the affiant consents and submits to the jurisdiction of the state district court in whichthe school district is located in any action relating to the guardianship or custody of the child inquestion;
(vi) the affiant designates a named responsible adult as agent, authorized to acceptservice on behalf of the affiant of any process, notice, or demand required or permitted to beserved in connection with any action under Subsection (2)(a)(v); and
(vii) it is the affiant's intent that the child become a permanent resident of the state andreside with and be under the supervision of the named responsible adult;
(b) submission to the school district of a signed and notarized affidavit by the responsibleadult stating that:
(i) the affiant is a resident of the school district and desires to become the guardian of thechild;
(ii) the affiant consents and submits to the jurisdiction of the state district court in whichthe school district is located in any action relating to the guardianship or custody of the child inquestion;
(iii) the affiant will accept the responsibilities of guardianship for the duration, includingthe responsibility to provide adequate supervision, discipline, food, shelter, educational andemotional support, and medical care for the child if designated as the child's guardian; and
(iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
(c) submission to the school district of a signed and notarized affidavit by the childstating that:
(i) the child desires to become a permanent resident of Utah and reside with and beresponsible to the named responsible adult; and
(ii) the child will abide by all applicable rules of any public school which the child mayattend after guardianship is awarded; and
(d) if the child's custodial parent or legal guardian cannot be found in order to execute thestatement required under Subsection (2)(a), the responsible adult must submit an affidavit to thateffect to the district. The district shall also submit a copy of the statement to the CriminalInvestigations and Technical Services Division of the Department of Public Safety, established inSection 53-10-103.
(3) The district may require the responsible adult, in addition to the documents set forthin Subsection (2), to also submit any other documents which are relevant to the appointment of aguardian of a minor or which the district reasonably believes to be necessary in connection with agiven application to substantiate any claim or assertion made in connection with the applicationfor guardianship.
(4) Upon receipt of the information and documentation required under Subsections (2)and (3), and a determination by the board that the information is accurate, that the requirementsof this section have been met, and that the interests of the child would best be served by grantingthe requested guardianship, the school board or its authorized representative may designate theapplicant as guardian of the child by issuing a designation of guardianship letter to the applicant.
(5) (a) If a local school board has adopted a policy permitting the board to designate aguardian under this section, a denial of an application for appointment of a guardian may beappealed to the district court in which the school district is located.
(b) The court shall uphold the decision of the board unless it finds, by clear andconvincing evidence, that the board's decision was arbitrary and capricious.
(c) An applicant may, rather than appealing the board's decision under Subsection (5)(b),file an original Petition for Appointment of Guardian with the district court, which action shallproceed as if no decision had been made by the school board.
(6) A responsible adult obtaining guardianship under this section has the same rights,authority, and responsibilities as a guardian appointed under Section 75-5-201.
(7) (a) The school district shall deliver the original documents filed with the schooldistrict, together with a copy of the designation of guardianship issued by the district, in personor by any form of mail requiring a signed receipt, to the clerk of the state district court in whichthe school district is located.
(b) The court may not charge the school district a fee for filing guardianship papers underthis section.
(8) (a) The authority and responsibility of a custodial parent or legal guardian submitting an affidavit under this section may be restored by the district, and the guardianship obtainedunder this section terminated by the district:
(i) upon submission to the school district in which the guardianship was obtained of asigned and notarized statement by the person who consented to guardianship under Subsection(2)(a) requesting termination of the guardianship; or
(ii) by the person accepting guardianship under Subsection (2)(b) requesting thetermination of the guardianship.
(b) If the school district determines that it would not be in the best interests of the childto terminate the guardianship, the district may refer the request for termination to the state districtcourt in which the documents were filed under Subsection (5) for further action consistent withthe interests of the child.
(9) The school district shall retain copies of all documents required by this section untilthe child in question has reached the age of 18 unless directed to surrender the documents by a
court of competent jurisdiction.
(10) (a) Intentional submission to a school district of fraudulent or misleadinginformation under this part is punishable under Section 76-8-504.
(b) A school district which has reason to believe that a party has intentionally submittedfalse or misleading information under this part may, after notice and opportunity for the party torespond to the allegation:
(i) void any guardianship, authorization, or action which was based upon the false ormisleading information; and
(ii) recover, from the party submitting the information, the full cost of any benefitsreceived by the child on the basis of the false or misleading information, including tuition, fees,and other unpaid school charges, together with any related costs of recovery.
(c) A student whose guardianship or enrollment has been terminated under this sectionmay, upon payment of all applicable tuition and fees, continue in enrollment until the end of theschool year unless excluded from attendance for cause.
Amended by Chapter 263, 1998 General Session