Art. 720. Motion for guardianship
A. After a child has been adjudicated to be in need of care, a motion for guardianship
may be filed by the department, parent, counsel for the child, or, when the guardian is
deceased, an individual previously named as a successor guardian by the guardian in a
guardianship subsidy agreement with the department; or the department may submit a case
plan along with the case review report to the court and all counsel of record recommending
guardianship in accordance with Children's Code Articles 674, 688, and 689.
B. The motion, case review report, or case plan shall include all of the following:
(1) The name and gender of the child, and the date and place of his birth.
(2) A description of the mental and physical health of the child.
(3) The current placement of the child and when it began.
(4) The name and address of the proposed guardian and any relationship to the child.
(5) The name and address of the parents of the child.
(6) A plain and concise statement of the facts on which the motion, case review
report, or case plan for guardianship is sought and why neither adoption nor reunification
with a parent is in the best interest of the child.
C. If any of the information required by Paragraph B of this Article is unknown, the
motion, case review report, or case plan shall state that fact. In addition, if the location of
either parent is unknown, the motion, case review report, or case plan shall disclose efforts
to locate him.
D. Unless not yet completed, the home study, as required by Children's Code Article
721, shall be attached to the motion, case review report, or case plan. If not attached, the
home study shall be submitted to the court as soon as it is completed.
Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June
19, 2015.