§ 37-1-803 — Permanent guardianship not a termination of parent child relationship - Visitation, contact and sharing of information

(a) Entry of a permanent guardianship order does not terminate the parent and child relationship, including: (1) The right of the child to inherit from the child's parents; (2) The parents' right to visit or contact the child, as defined by the court; (3) The parents' right to consent to the child's adoption; and (4) The parents' responsibility to provide financial, medical, and other support for the child. (b) The permanent guardianship order shall specify the frequency and nature of visitation or contact or the sharing of information with parents and the child. The court shall issue an order regarding visitation, contact and the sharing of information based on the best interests of the child. The order may restrict or prohibit visitation, contact and the sharing of information. The order may incorporate an agreement reached among the parties. (1) Upon a showing by affidavit of immediate harm to the child, the court may temporarily stay, for a maximum of thirty (30) days, the order of visitation or contact, on an ex parte basis, until a hearing can be held. A modification of an order of visitation or contact shall be based upon a finding, by a preponderance of evidence, that there has been a substantial change in the material circumstances, and that the proposed modification is in the best interest of the child. (2) Nothing in this part shall prevent removal of the child by the department from the permanent guardian, based upon allegations of abuse or neglect, pursuant to §§ 37-1-113 and 37-1-128 .

Legislative History

Acts 2005, ch. 389, § 1; 2006, ch. 802, § 1.