Sec. 07.02.11.27. Custody and Guardianship

A. Before custody and guardianship is granted to a relative or nonrelative of a child not committed to the local department, the local department shall:

(1) Determine if departmental funds are available to support and maintain the child;

(2) Assess all factors necessary to determine the best interests of the child; and

(3) Pursuant to an order from the court, prepare a report on the suitability of the individual to be the guardian of the child that includes a:

(a) Home study for custody and guardianship;

(b) Child protective services history, if any;

(c) Criminal background check; and

(d) Review of the proposed guardian's physical and mental health history.

B. The local department shall submit the report described in §A of this regulation to the court within 120 days after the date that the court issued the order to the local department to produce the report.

C. If the report is not submitted to the court within 120 days, the local department shall be prepared to:

(1) Attend a court hearing on the failure to submit the report;

(2) Justify to the court why the report is delayed; and

(3) Bear the cost of another agency completing the report if so ordered by the court.

D. For children committed to the local department, the local department shall initiate without a court order the custody and guardianship proceedings and perform the tasks listed in §A of this regulation.

E. An order granting custody and guardianship to an individual under this regulation terminates the local department's legal obligations and responsibilities to the child.