CHAPTER 463 GUARDIANSHIP OF MINORS AND ESTATES OF MINORS
Section 463:15
463:15 Termination of Guardianship. –
I. A guardianship of the person or of the estate of a minor shall terminate upon order of the court, the death of the minor, the minor's eighteenth birthday, a finding by the court that the minor has been emancipated under relevant state law, or upon the issuance of a final decree of adoption. The guardian shall provide written notice to the court of termination resulting from the death of the minor, or the minor's eighteenth birthday, within 30 days of the event giving rise to termination. Failure to provide timely notice does not imply consent to the extension of jurisdiction pursuant to paragraph II.
II. Notwithstanding the provisions of paragraph I, the court may, with the continuing consent of the minor, retain jurisdiction over a minor:
(a) For whom the department has recommended extension of the court's jurisdiction;
(b) Who has, prior to the minor's eighteenth birthday, consented to the court's retention of jurisdiction;
(c) Who is attending high school and who is considered likely to complete high school; and
(d) For whom the department has previously been appointed guardian.
III. (a) Retention of the court's jurisdiction shall continue until the conditions of either subparagraph (1) or (2) are met, whichever occurs first:
(1) When the minor:
(A) Revokes consent in writing and the revocation has been approved by the court;
(B) Completes high school;
(C) Attains 21 years of age; or
(D) Dies.
(2) The department revokes its consent to extended jurisdiction in writing and the revocation is accepted by the court.
(b) The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably and in acceptance of the legal consequences.
IV. Any person interested in the welfare of the minor may petition for the termination of the guardianship of the estate. Any minor under guardianship of the person who is 14 years of age or older, or any person interested in the welfare of the minor, may petition for the termination of the guardianship of the person.
V. (a) Except as otherwise provided in subparagraph (b), guardianship of the person shall be terminated upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
(b) In a proceeding to terminate a guardianship established by consent, the burden of proof shall shift to the guardian to demonstrate by clear and convincing evidence that substitution or supplementation of parental care and supervision is necessary to provide for the essential physical and safety needs of the minor and that termination of the guardianship will adversely affect the minor's psychological well-being.
(c) Subparagraph (b) shall not apply if guardianship of the person was granted to a grandparent as the result of the parent's substance abuse or dependence. In such cases, the burden of proof shall be on the parent to demonstrate by a preponderance of the evidence that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.