Bill Text: NC H1179 | 2013-2014 | Regular Session | Amended

North Carolina House Bill 1179 (Prior Session Legislation)

Bill Title: Status Reports Filed by Guardians

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-22 - Ref to the Com on Health and Human Services, if favorable, Judiciary Subcommittee C [H1179 Detail]

Download: North_Carolina-2013-H1179-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H 1

HOUSE BILL 1179*

Short Title: Status Reports Filed by Guardians.		(Public)
Sponsors:	Representatives Jones, Dollar, and Earle (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Health and Human Services, if favorable, Judiciary Subcommittee C.

May 22, 2014

A BILL TO BE ENTITLED

AN ACT to amend the requireD contents of a Status Report filed by a Public guardian, as Recommended by the Joint Legislative Oversight Committee on Health and Human Services.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 35A‑1202 reads as rewritten:

"§ 35A‑1202. Definitions.

When used in this Subchapter, unless a contrary intent is indicated or the context requires otherwise:

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(10) "Guardian of the person" means a guardian appointed solely for the purpose of performing duties relating to the care, custody, and control of a ward.

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(14) "Status report" means the report required by G.S. 35A‑1242 to be filed by the general guardian or guardian of the person. A status report shall include a report of a recent medical and dental examination of the ward by one or more physicians or dentists, a report on the guardian's performance of the duties set forth in this Chapter and in the clerk's order appointing the guardian, and a report on the ward's condition, needs, and development. The clerk may direct that the report contain other or different information. The report may also contain, without limitation, reports of mental health or mental retardation professionals, psychologists, social workers, persons in loco parentis, a member of a multidisciplinary evaluation team, a designated agency, a disinterested public agent or agency, a guardian ad litem, a guardian of the estate, an interim guardian, a successor guardian, an officer, official, employee or agent of the Department of Health and Human Services, or any other interested persons including, if applicable to the ward's situation, group home parents or supervisors, employers, members of the staff of a treatment facility, or foster parents.

(15) "Ward" means a person who has been adjudicated incompetent or an adult or minor for whom a guardian has been appointed by a court of competent jurisdiction."

SECTION 2. G.S. 35A‑1242 reads as rewritten:

"§ 35A‑1242. Status reports for incompetent wards.

(a) Any corporation or disinterested public agent that is guardian of the person for an incompetent person, within six months after being appointed, shall file an initial status report with ~~the designated agency, if there is one, or with~~ the clerk. The initial status report shall also be submitted to the designated agency, if there is one. Such guardian shall file a second status report with the ~~designated agency or the~~ clerk one year after being appointed, and subsequent reports annually thereafter. The clerk may order any other guardian of the person to file status reports. If a guardian required by this section to file a status report is employed by the designated agency, the guardian shall file any required status report with both the designated agency and the clerk.

(a1) Each status report shall include the items outlined below.

(1) A report of recent medical and dental examinations of the ward by one or more physicians and dentists.

(2) A report on the guardian's performance of the duties set forth in this Chapter and in the clerk's order appointing the guardian.

(3) A report on the ward's residence, education, employment, and rehabilitation or habilitation.

(4) A report of the guardian's efforts to restore competency.

(5) A report of the guardian's efforts to seek alternatives to guardianship.

(6) If the guardian is a disinterested public agent or corporation, a report of the efforts to identify alternative guardians.

(7) The guardian's recommendations for implementing a more limited guardianship, preserving for the ward the opportunity to exercise rights that are within ward's comprehension and judgment.

(8) Any additional reports or information required by the clerk.

(a2) The guardian may include in the status report additional information pertaining to the ward's best interests.

(b) Each status report shall be filed under the guardian's oath or affirmation that the report is complete and accurate so far as he is informed and can determine.

(b1) The clerk shall make status reports submitted by disinterested public agents or corporations available to Director, or the Director's designee, of the Division of Aging and Adult Services, Department of Health and Human Services. The Director, or the Director's designee, shall review the status reports in connection with its regular program of oversight for these categories of guardians.

(c) A clerk ~~or designated agency~~ that receives a status report shall not make the status report available to anyone other than the guardian, the ward, the court, or State or local human ~~resource~~ services agencies providing services to the ward.

(d) The clerk, on his or her own motion, or any interested party may file a motion in the cause pursuant to G.S. 35A‑1207 with the clerk in the county where the guardianship is docketed to request modification of the order appointing the guardian or guardians or for consideration of any matters contained in the status report."

SECTION 3. This act becomes effective October 1, 2014.