Additional limitation governing removal of guardian of minor; considerations for court in determining best interests of minor; removal of guardian of minor.
1. Notwithstanding any other provision of law, if a guardian is appointed for a minor, except as otherwise provided in subsection 3, the court shall not remove the guardian or appoint another person as guardian unless the court finds that removal of the guardian or appointment of another person as guardian is in the best interests of the minor.
2. For the purposes of this section in determining the best interests of the minor, the court shall consider, without limitation:
(a) The ability of the present guardian to provide for the basic needs of the minor, including, without limitation, food, shelter, clothing and medical care;
(b) The safety of the home in which the minor is residing;
(c) The length of time that the minor has been in the care of the present guardian;
(d) The current well being of the minor, including whether the minor is prospering in the environment being provided by the present guardian;
(e) The emotional bond existing between the present guardian and the minor;
(f) If the person petitioning the court to replace the present guardian was previously removed from the care, custody or guardianship of the minor:
(1) The level of participation before the petition was filed by the petitioner in the welfare of the minor; and
(2) If applicable, whether the petitioner has received instruction in parenting, participated in a program of rehabilitation or undergone counseling for any problem or conduct that the court, in appointing the present guardian, considered as an indication of the previous unfitness of the petitioner; and
(g) The mental and physical health of the present guardian.
3. The court may remove the guardian of a minor or appoint another person as guardian if the guardian files a petition to resign his position as guardian.
Last modified: February 25, 2006