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Louisiana Children's Code Tit. VI, Art. 724. Motion for modification of guardianship; termination of guardianship

Current as of January 01, 2023 | Updated by FindLaw Staff

A. The court shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child attains eighteen years of age. The program representing the child in the child of need of care proceedings pursuant to Children's Code Article 607 and the program representing the indigent parents in the child in need of care proceedings pursuant to Children's Code Article 608 shall provide representation in guardianship proceedings.

B. (1) Any of the following parties may seek to enforce, modify or terminate a guardianship order:

(a) The department.

(b) Counsel for the child.

(c) The guardian or, if the guardian is incapacitated, an individual previously named as a successor guardian by the guardian in a guardianship subsidy agreement with the department.

(d) A parent permitted to intervene under Children's Code Article 707.

(e) The court on its own motion.

(2) A copy of the motion to modify shall be personally served on the parents, and the court shall promptly notify the programs representing the child and indigent parents, respectively, in child in need of care proceedings.

C. A guardianship order may be enforced in accordance with the contempt provisions of Chapter 2 of Title XV of this Code.  1

D. A guardianship order may be modified or terminated if the court finds by clear and convincing evidence that there has been a substantial and material change in the circumstances of the guardian or child because of any of the following:

(1) The guardian no longer wishes to serve or can no longer serve as guardian of the child.

(2) Continuation of the guardianship is so deleterious to the child as to justify a modification or termination of the relationship or the harm likely to be caused from a change in the guardianship is substantially outweighed by the advantages to the child of the modification.

E. The court shall hold a hearing before modifying or terminating a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.

1 Ch.C. art. 1503 et seq.
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Cite this article: FindLaw.com - Louisiana Children's Code Tit. VI, Art. 724. Motion for modification of guardianship; termination of guardianship - last updated January 01, 2023 | https://codes.findlaw.com/la/childrens-code/la-ch-code-tit-vi-art-724/

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