(g)__If an appointed guardian is not effectively performing that guardian's__duties and the court finds that the welfare of the minor requires immediate action, it may appoint, with or without notice, a temporary guardian for the minor for a specified period not to exceed 6 months.

(h)__A temporary guardian has the care and custody of the minor and the authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority.__A temporary guardian may not remove the minor from the State.__A temporary guardian may be removed at any time.__A temporary guardian shall make any report the court requires.__In other respects, the provisions of this Code concerning guardians apply to temporary guardians.

(i)__A petition for temporary guardianship may be brought before any judge if the judge of the county in which venue properly lies is unavailable.__If a judge other than the judge of the county in which venue properly lies acts on a petition for temporary guardianship, that judge shall issue a written order and endorse upon it the date and time of the order.__The judge shall then immediately transmit or cause to be transmitted that order to the register of the county in which venue properly lies.__ An order issued by a judge of a county other than the county in which venue properly lies is deemed to have been entered in the docket on the date and at the time endorsed upon it.

SUMMARY

This bill authorizes the Probate Court to appoint a temporary guardian for a minor when an emergency exists. This provision is similar to the current law concerning appointment of temporary guardians for incapacitated adults. The process includes allowing the minor, the parents or a legal custodian, if there is one, to contest the appointment in an expedited hearing. The guardianship is for a maximum of 6 months.