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45.0361 Legal custody-Guardianship.

Cite as [A.S.C.A. § 45.0361]

(a) (1) Any individual, agency, or institution vested by the Court with legal custody of a child has the rights and duties defined under subsection (18) of 45.0103.

(2) Any individual, agency, or institution vested by the Court with the guardianship of the person of a child has the rights and duties defined in subsection (16) of 45.0103 except that no guardian of the person may consent to the adoption of a child unless that authority is expressly given him by the Court.

(b) (1) If legal custody or guardianship of the person is vested in an agency or institution, the Court transmits, with the Court order, copies of the social study, any clinical reports, and other information concerning the care and treatment of the child.

(2) An individual, agency, or institution having legal custody or guardianship of the person of a child gives the Court any information concerning the child which the Court at any time may require.

(c) (1) Any agency other than the Bureau vested by the Court with legal custody of a child has the right, subject to the approval of the Court, to determine where and with whom the child shall live.

(2) No individual vested by the Court with legal custody of a child may remove the child from the Territory for more than 30 days without Court approval.

(d) (1) A decree vesting legal custody of a child in an individual, institution, or agency other than the Bureau is for an indeterminate period, not to exceed 2 years from the date it was entered. The decree is reviewed by the Court no later than 6 months after it is entered.

(2) The individual, institution, or agency vested with the legal custody of a child may petition the Court for renewal of the decree. The Court, after notice and hearing, may renew the decree for an additional period as the Court may determine, if it finds the renewal to be in the best interests of the child. The findings of the Court and the reasons for them shall be entered with the order renewing or denying renewal of the decree.

(e) No legal custodian or guardian of the person may be removed without his consent until given notice and an opportunity to be heard by the Court if he requests it.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-3-l15.