How to file a standby guardianships petition
Washington — You can file a petition with the Supreme Court to stop the release of standby guardians in the wake of the mass shooting at an Oregon church that left nine dead.
The court could hear arguments this month on the matter.
Here are the key points.1.
What is a standby guardian?
The person or group that takes the stand is responsible for taking care of a child who is not physically present at the time of the shooting.
If the person or groups takes the lead, that person or persons would then take over the guardianship.
If a child is not present, the person is considered the “next in line.”
The court has said that “in the event of a catastrophic incident, a person with responsibility for the child’s care may not take over, nor will they take over for the sake of the child.”2.
How can I file a case to stop standby guardians?
You can request a standby petition through the National Center for Missing and Exploited Children, the U.S. Department of Health and Human Services, the Department of Justice, or the Office of the United States Attorneys.3.
Who can petition?
It is not possible to file standby guardians petitions in the United State Supreme Court, but you can file one on behalf of yourself, a relative, or someone else who has a disability.4.
What should I know before filing?
Read the instructions for filing a petition and decide whether it is right for you.
You can check with the Center for American Progress or the Justice Department’s Center for Law and Justice to see if there are other ways to file your petition.5.
Is there a fee?
A standby petition is a filing fee.
You may pay up to $20 to submit a petition, but this fee is waived for certain people.
If you can’t afford to pay, there is a separate fee of $40 that is waived if the court finds that the person taking the lead is qualified to serve as a standby.
The fee will vary by jurisdiction.
The Justice Department has not specified how the fee will be collected.6.
Will standby petitions change the status of standby protections?
The court will not grant standby protections until the Justice Dept. has reviewed the petitions.
But standby protections are already being weakened in a number of states, including Alaska, Arizona, Georgia, Kansas, Louisiana, Nebraska, Oklahoma, South Dakota, Tennessee, Texas, and Wisconsin.7.
Can I file as a survivor?
Yes.
A survivor may file a motion to stay the release from standby guardians if a standby protects is deemed unsuitable, and the court deems that the guardian is not suitable to take over.
A court would not release a guardian under a waiver if it was determined that a person who was a standby protected was not suitable.8.
Will a standby protect’s court change after the standby protection expires?
No.
A standby protector who dies before the release is granted would still have the right to remain in place.9.
Can standby guardians be removed from standby protection?
Yes, in limited circumstances.
The standby protection is not automatic for people who were the guardian of a person in standby protection at the point of the tragedy.
The person who died as a result of the church shooting could have been removed from the standby protections by the court after a court-ordered stay was issued.10.
How long will the standby guardians stay in place?
The standby guardians have the authority to stay in effect for up to seven years after a standby protection ends.
If there is an emergency, they can stay in force for up as long as they think necessary.11.
What happens if a court issues a stay?
The next court hearing on a standby protections request is set for June 12.
If that court finds the guardian not suitable, it can either lift the protective order or extend it.
The guardian may appeal the stay.12.
Can a person be charged with a felony for staying in place after a protective order expires?
Yes if they are charged with committing a felony or with a misdemeanor for failing to protect a child.13.
Will there be a second hearing if a judge issues a protective orders stay?
Yes and no.
If an order is stayed, the next court-appointed guardian will take over and take over until the protective orders are lifted.14.
What does a standby protector need to do?
The guardian must:Be physically present in the home.
Provide a copy of a written request for standby protection in the case.
Have a written statement from the guardian that states that the request is to protect the person and that the protective process will be suspended until the guardian can be reinstated.
Provided that the statement is received by a child protection officer and that an independent person is available to evaluate the guardian, the guardian may be released from the protection order until the child is no longer in danger.
If no independent person can be found, the protection is terminated.
Provides a written copy of the order for the guardian to sign.
Providers the guardian with an approved child care plan
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