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File #: 17-006    Version: 1 Name: GUARDIANSHIP AMENDMENT ACT OF 2017
Type: Legislative Act Status: Passed
File created: 1/9/2017 In control: TRIBAL COUNCIL
On agenda: 1/26/2017 Final action: 2/23/2017
Enactment date: 2/21/2017 Enactment #: LA-03-17
Title: A LEGISLATIVE ACT AMENDING THE GUARDIANSHIP CODE
Sponsors: Victoria Vazquez
Indexes: Guardianship Code
Code sections: Title 30 - Guardianship and Conservatorship
Attachments: 1. LA-03-17.PDF
Related files: CNCA-30
Title
A LEGISLATIVE ACT AMENDING THE GUARDIANSHIP CODE
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the Guardianship Amendment Act of 2017 and codified as Title 30 Section 10(F) of the Cherokee Nation Code Annotated.

Section 2. Purpose

To amend the Guardianship and Conservatorship Code to eliminate annual reviews for guardianships of minor unless ordered by the Court. This change will allow the District Court to more efficiently review guardianships of minors and save Guardians time while still allowing the Court to have oversight of the cases.


Section 3. Legislative History

This Act amends Title 30 Section 10(F) of the Guardianship and Conservatorship Code.

Section 4. 30 C.N.C.A. § 10(F)

The Court shall hold annual review hearings in guardianship cases, unless the Court provides a summary review upon written application of the Guardian, which shall be accompanied by a “Guardianship Review” form approved by the Court. A minute order reflecting summary review and the Guardianship Review form should be filed in each case where there is a summary review. Upon request by the Court, a guardian shall file a progress report with the Court at least thirty (30) days prior to the any required annual review hearing. At any time, any person with an interest in a current Guardianship may request a review before the Court.

Section 6. Provisions as cumulative

The provisions of this act shall be cumulative to existing law.

Section 7. Severability

The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.

Section (code section) 8. Effective Date

The provisions of this act shall become effective thirty (30) days from and after the date of its passage and approval.

Section (code section) 9. Self-Help Contributions

To the extent that this A...

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