Chapter 6.35
GUARDIANSHIP
Sections:
6.35.070 Letter of guardianship.
6.35.080 Duration of guardianship.
6.35.010 Appointment.
A. The Youth Court shall appoint a general guardian of the person and estate of a youth whenever necessary or convenient, and when no guardian has been appointed for the purpose by will of the youth’s parent.
B. The Court, in its discretion, may appoint more than one guardian, each of whom shall be governed and liable in all respects as a sole guardian.
C. The Court shall also confirm an appointment made by will, whenever requested, upon the same procedure and notice as in the case of appointment by the Court.
D. In appointing a general guardian of a youth, the Court is to be guided by what appears to be for the best interests of the youth in respect to the youth’s general welfare, and if the youth is of sufficient age to form an intelligent preference, the Court may consider that preference in appointing a guardian.
E. If the youth is 14 years of age or older, he or she may nominate his or her own guardian, either of his or her own accord or within 10 days after being duly cited by the Court. When a guardian has been appointed for a youth under 14 years of age, the youth, at any time after he or she attains that age, may nominate his or her own guardian, subject to the approval of the Court, and provided that the guardian was not appointed by will of the youth’s parent. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.8.010.]
6.35.020 Order of preference.
Of persons equally entitled and qualified in other respects to the guardianship of a youth, preference shall be given as follows:
A. To one who was indicated by the wishes of a deceased parent;
B. To one who already stands in the position of a trustee of a fund to be applied to the child’s support;
C. To a member of the youth’s extended family;
D. If the youth has already been declared a ward of the Youth Court, to the Youth Home Director, Social Services Director or youth home caseworker. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.8.020.]
6.35.030 Guardianship report.
The Social Services Director or caseworker shall present to the Court, at least two days before the guardianship hearing, a written report containing information on the qualifications of the proposed guardian and his/her recommendations. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.8.030.]
6.35.040 Petition.
A. The appointment of a guardian may be made upon the petition of any person on behalf of the youth, or by the youth him/herself if s/he is 14 years of age or older, or by the Court’s own motion.
B. In its discretion, the Court may issue letters of guardianship over the same person or estate, or both, of more than one youth upon the same petition.
C. The petition for guardianship shall include:
1. The name, age, sex, date and place of birth, current residence, and Indian status of the youth and the petitioner, and the petitioner’s relationship to the youth;
2. The names, addresses, ages and Indian status of the youth’s parents;
3. A statement of the specific facts which form the basis for the petition and for the Court’s jurisdiction;
4. A description of any previous adjudications concerning the youth.
D. If the petition does not contain information required by subsections (C)(2) or (C)(3) of this section, the petition shall be dismissed; if any other facts required under this section are not known or cannot be determined by the petitioner, the petitions shall so state.
E. Upon receipt of the petition, the Court Clerk shall deliver a copy to the Social Services Director, and schedule a guardianship hearing on the petition. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.8.040.]
6.35.050 Notice.
The Court Clerk shall give at least 10 days’ notice of the date, time, place, and purpose of the guardianship hearing to the person having current custody and care of the youth, to the youth’s parents, the Social Services Director, the petitioner, and to such other persons residing in the State of Washington as the judge deems appropriate. [Res. 2016-17; Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.8.050.]
6.35.060 Powers and duties.
A. A guardian duly appointed by the Youth Court has the power and the duty to make major decisions affecting the youth, including:
1. To consent to marriage, enlistment in the armed forces, and medical, surgical, dental, and mental health treatment;
2. To represent the youth in legal actions, and to make other decisions of substantial legal significance concerning the youth;
3. To consent to the adoption of the youth when the parent-child relationship has been terminated by judicial decree, or when the youth’s parents are deceased;
4. To protect and preserve the youth’s property, to invest it prudently, and to account for it faithfully, and, at the termination of the guardianship, to deliver the assets of the youth to the person lawfully entitled thereto. In the management and disposition of the person or property committed to him, the guardian may be regulated, controlled, and guided by the Court.
B. A guardian limited to the estate only of a youth has the powers and duties specified in subsection (A)(4) of this section only.
C. A general guardian of the person of a youth has the rights and responsibilities of legal care and custody of the youth, and shall fulfill all parental duties during such times when the youth resides with him/her.
D. Before the order appointing a guardian takes effect and before letters of guardianship issue, the person appointed must take an oath, which must be attached to or endorsed upon his/her letters, that s/he will perform the duties of his/her office as such guardian, that s/he will render true and complete accounts whenever required by law or by the judge, and that s/he agrees to submit to the jurisdiction of the Chehalis Tribe, which oath shall be administered by the Youth Court judge. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.8.060.]
6.35.070 Letter of guardianship.
While letters of guardianship are not necessary to the validity of an order appointing the guardianship, the judge may issue such letters to the guardian of the youth, and he must issue them whenever a request is made by the guardian for such letters. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.8.070.]
6.35.080 Duration of guardianship.
A. Every guardianship continues according to the order of appointment until legally discharged, or until the youth reaches the age of 18, marries, or otherwise becomes emancipated.
B. Each youth for whom a guardian has been appointed by the Youth Court remains a ward of that Court for the duration of the guardianship.
C. A guardianship is not affected by the marriage or divorce of the guardian. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.8.080.]