| | 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. |
|
|