UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

1st Reading

11/30/99

 

New

 

2nd Reading

12/14/99

 

Revised

XX

Approved

12/14/99

 

Substitute

 

 

 

007.0130         GUARDIANSHIP FOR CHILD WITH NON-RESIDENT PARENT

 

Revises and replaces policy 007.2400 adopted February 13, 1996.

 

1.0       APPLICATION OF POLICY TO NON-RESIDENT PARENT

 

1.1       The Board pursuant to this policy and state law may designate a person who is a resident of the District as guardian for a child whose custodial parent or legal guardian does not reside within the state of Utah.  (53A-2-202)

 

2.0       GUARDIANSHIP FOR RESIDENCY PURPOSES

 

2.1       A "responsible adult" means a person 21 years of age or older who is a resident of this district and is willing and able to provide reasonably adequate food, clothing, shelter, and supervision for a minor child. 

 

2.2       A responsible adult may be considered for appointment as guardian of a minor child whose parent is not a resident of this State by submitting to the Superintendent a signed and notarized affidavit from the child's custodial parent or legal guardian, the responsible adult seeking guardianship, and the child, in substantially the form of the samples included herewith as Form "A", "B" and "C"  (53A-2-202)

 

3.0       CUSTODIAL PARENT NOT LOCATED

 

3.1       If the child's custodial parent or legal guardian cannot be found in order to execute the affidavit referred to above, the responsible adult seeking guardianship must submit an affidavit to that effect to the district.  The district shall also submit a copy of the statement to the Law Enforcement and Technical Services Division of the Department of Public Safety.  (53A-2-202)

 

4.0       OTHER REQUIREMENTS

 

4.1       The district may require the responsible adult, in addition to the affidavits referred to above, to also submit any other documents which are relevant to the appointment of a guardian of a minor or which the district reasonably believes to be necessary in connection with a given application to substantiate any claim or assertion made in connection with the application for guardianship.  (53A-2-202)

 

5.0       DECISION BY DISTRICT BOARD  

 

5.1       Upon receipt of the information and documentation required under this policy, and a determination that the information is accurate, that the requirements of this policy have been met, and that the interests of the child would best be served by granting the requested guardianship, the school board or its authorized representative may designate the applicant as guardian of the child by adopting a resolution in substantially the form shown as Form "D".  A designation of guardianship letter to the applicant may be in substantially the form shown as Form "E" (53A-2-202)

 

6.0       APPEAL TO DISTRICT COURT

 

6.1       A denial of an application for appointment of a guardian may be appealed to the district court.  The district court shall uphold the decision of the board unless it finds, by clear and convincing evidence, that the board's decision was arbitrary and capricious.  An applicant may, rather than appealing the board's decision to the district court, file an original Petition for Appointment of Guardian with the district court, which action shall proceed as if no decision had been made by the school board.  (53A-2-202)

 

7.0       GUARDIAN’S RIGHTS AND RESPONSIBILITIES

 

7.1       A responsible adult obtaining guardianship under this section has the same rights, authority, and responsibilities as a guardian appointed under the Utah State Probate Code 75-5-201 et seq.  (53A-2-202)

 

8.0       FILING WITH DISTRICT COURT

 

8.1       The school district shall deliver the original documents filed with the school district, together with a copy of the designation of guardianship issued by the district, in person or by any form of mail requiring a signed receipt, to the clerk of the Eighth District Court in and for Uintah County.  The court may not charge the school district a fee for filing guardianship papers under this policy.  (53A-2-202[7])

 

9.0       RESTORATION AND TERMINATION

 

9.1       The authority and responsibility of a custodial parent or legal guardian submitting an affidavit under this section may be restored by the district, and the guardianship obtained under this section terminated by the district as follows:

9.1.1    upon submission to the school district of a signed and notarized statement by the person who consented to guardianship under §2.2 requesting termination of the guardianship; or

9.1.2    by the person accepting guardianship under § 2.2 requesting the termination of the guardianship.

 

9.2       If the school district determines that it would not be in the best interests of the child to terminate the guardianship, the district may refer the request for termination to the state district court for further action consistent with the interests of the child.

 

9.3       A student whose guardianship or enrollment has been terminated under this section may, upon payment of all applicable tuition and fees, continue in enrollment until the end of the school year unless excluded from attendance for cause.

 

10.0     PAPERWORK

 

10.1     The school district shall retain copies of all documents required by this policy until the child in question has reached the age of 18 unless directed to surrender the documents by a court of competent jurisdiction.

 

11.0     FRAUDULENT OR MISLEADING INFORMATION

 

11.1     Intentional submission to the school district of fraudulent or misleading information under this policy is punishable under Utah Code Section 76-8-504.  A school district which has reason to believe that a party has intentionally submitted false or misleading information under this policy may, after notice and opportunity for the party to respond to the allegation:


11.1.1  void any guardianship, authorization, or action which was based upon the   false or misleading information; and

11.1.2  recover, from the party submitting the information, the full cost of any benefits received by the child on the basis of the false or misleading information, including tuition, fees, and other unpaid school charges, together with any related costs of recovery.