Guardianship of Minor

questions & answers

Question: With a legal guradianship of a minor the age of 16, who performs the home evaluation prior to the final court hearing?

Answer:

- ARS 14-5206 says that before the court may appoint as a guardian a person unrelated to the minor, the court shall, in order to determine the applicant’s suitability as a guardian, require the potential guardian to furnish fingerprints. Also, the department of public safety shall conduct criminal history record checks pursuant to section 41-1750 and applicable federal law. (See entire statute for full details on this issue). Moreover, according to 17B A.R.S. Juvenile Court Rules of Procedure, Rule 63.1(d)(4)(b), upon the filing of a motion for successor permanent guardianship, the court shall, among other things, enter any appropriate temporary orders which may include directing the Department of Economic Security to complete a criminal records check and home study to determine suitability of the proposed successor permanent guardian to serve as the permanent guardian of the child, see Rule 63.1.