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This is an obsolete version of the rule. Please click on the rule number to view the current version.

37.50.1101    GUARDIANSHIP AND HOME APPROVAL

(1) The prospective guardian and the home of the prospective guardian must meet the youth foster home requirements contained in ARM 37.97.1001, 37.97.1002, 37.97.1006, 37.97.1011, 37.97.1013, 37.97.1014, 37.97.1016, 37.97.1018, and 37.97.1019.

(2) The child for whom guardianship is being considered must have resided with the prospective guardian for a minimum of six months.

(3) A written assessment of the prospective guardian and home of the prospective guardian shall be completed. The assessment must include a determination that the prospective guardian and home of the prospective guardian meet the requirements of this rule. The assessment must demonstrate the appropriateness of the proposed guardian to become the legal custodian for a specific child. Factors to be considered in determining the appropriateness of the proposed guardian include the proposed guardian's acceptance of the child's cultural, racial and religious heritage; knowledge of the child's history, including placement and loss history and the potential effect on the child's development and future functioning; understanding and acceptance of the continued role of the child's birth family; understanding and acceptance of the powers and duties of a guardian; and the desire of prospective guardian to become the child's guardian.

History: 41-3-1103, MCA; IMP, 41-3-421, MCA; NEW, 2000 MAR p. 864, Eff. 3/31/00.

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