LD 1382
pg. 4
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LR 603
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5.__Wishes of child.__The District Court shall consider, but
is not bound by, the wishes of a child in making a determination
under this section.

 
§4038-C.__Permanency guardian

 
As part of the permanency plan, the District Court may appoint
a person or persons as guardian of a minor, to be known as a
permanency guardian.__"Permanency guardian," when used in this
section and in section 4038-D, means the person or persons
appointed as the permanency guardian.

 
1.__Criteria.__The District Court may appoint a person to be a
permanency guardian only if the court finds that the prospective
permanency guardian:

 
A.__Has the ability to provide a safe home for the child;

 
B.__Has a close emotional bond with the child and that the
child has a close emotional bond with the prospective
permanency guardian;

 
C.__Is willing and able to make an informed, long-term
commitment to the child; and

 
D.__Has the skills to care for the child and to obtain
needed information about and assistance with any special
needs of the child.

 
2.__Powers and duties of permanency guardian.__A permanency
guardian has all of the powers and duties of a guardian of a
minor pursuant to Title 18-A, section 5-209.

 
3.__Parental and relative contact.__A parent, grandparent or
sibling of a child subject to a permanency guardianship or to a
proceeding to establish a permanency guardianship may petition
the court to determine rights of contact as provided in
subsection 6.__If the District Court determines that it is in the
best interest of the child, it may order that the parent,
grandparent or sibling of the child has a reasonable right of
contact with the child and may specify the type, frequency,
duration and conditions of that contact.

 
4.__Child support.__The parents shall pay the permanency
guardian child support.__Title 19-A, section 1652 and Title 19-A,
chapter 63 govern the award of child support to the permanency
guardian.__The child support obligation may be enforced pursuant
to Title 19-A, chapter 65 or 67.


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