Is it legal in the state of Minnesota to kick a minor out of his or her legal guardians home?
Full Question:
Is it legal in the state of Minnesota to kick a minor out of his or her legal guardians home?
04/12/2007 |
Category: Minors |
State: Minnesota |
#2998
Answer:
Generally, the proper procedure for relieving a guardian of duties is to file a petition to terminate the guardianship.
The following are MN statutes:
Subd. 4. Guardian's responsibilities.
(a) A guardian appointed under the provisions of this
section has legal custody of a ward unless the court which appoints the guardian gives legal
custody to some other person. If the court awards custody to a person other than the guardian, the
guardian nonetheless has the right and responsibility of reasonable visitation, except as limited
by court order.
(b) The guardian may make major decisions affecting the person of the ward, including but
not limited to giving consent (when consent is legally required) to the marriage, enlistment in the
armed forces, medical, surgical, or psychiatric treatment, or adoption of the ward. When, pursuant
to this section, the commissioner of human services is appointed guardian, the commissioner may
delegate to the responsible social services agency of the county in which, after the appointment,
the ward resides, the authority to act for the commissioner in decisions affecting the person of
the ward, including but not limited to giving consent to the marriage, enlistment in the armed
forces, medical, surgical, or psychiatric treatment of the ward.
(c) A guardianship created under the provisions of this section shall not of itself include the
guardianship of the estate of the ward.
260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
Upon its own motion or upon petition of an interested party, the juvenile court having
jurisdiction of the child may, after notice to the parties and a hearing, remove the guardian
appointed by the juvenile court and appoint a new guardian in accordance with the provisions
of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a showing that the child is
emancipated, the court may discharge the guardianship. Any child 14 years of age or older who
is not adopted but who is placed in a satisfactory foster home, may, with the consent of the
foster parents, join with the guardian appointed by the juvenile court in a petition to the court
having jurisdiction of the child to discharge the existing guardian and appoint the foster parents as
guardians of the child. The authority of a guardian appointed by the juvenile court terminates
when the individual under guardianship is no longer a minor or when guardianship is otherwise
discharged.