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Chapter 72
HB2212
Effective Date
Delayed
01/01/2008
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Item of interest to: |
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Superior Court
Clerk of Court
Court Administrator
Judge |
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Administrative Office of the Courts |
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SIBLING INFORMATION EXCHANGE PROGRAM
Rep. Hershberger
Establishes a sibling information
exchange program to facilitate contact between former dependent children and
their siblings. Former dependent children at least 18 years old, parents of
former dependent children under eighteen and siblings of former dependent
children may participate in the program or file an affidavit to opt out of
contact. Defines a former dependent child as “a person who was adjudicated
a dependent child in a dependency proceeding pursuant to this chapter that
has been dismissed by order of the juvenile court”. Notification of the
program is required at the conclusion of an adoption proceeding and at the
conclusion of a dependency proceeding when the court finds the child is no
longer a dependent child. Notification of the program may be given to the
former dependant child specific to the hearing or to an individual with
legal custody of the former dependent child. The Supreme Court may
establish rules necessary to implement the program.
Statute(s) Impacted: 8-116,
8-135, 8-501, 8-847, 8-872
Statute(s) Created: 8-543
Court Impact:
The court will need to provide information about the Sibling Information
Exchange Program to the appropriate persons during the stated proceedings.
The court must provide written notice of the Sibling Information Exchange
Program before dismissing a dependency proceeding if the court finds that a
child is no longer dependent. The court may begin to see affidavits
regarding contact by siblings filed and withdrawn by former dependent
children, since a former dependent child who does not want to be contacted
by their sibling(s) may file an affidavit with the court in order to prevent
contact (through a confidential intermediary) by a sibling. The affidavit
may be withdrawn, in writing.
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Chapter 94
SB1023
Effective Date
General
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Item of interest to: |
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Superior Court
Clerk of Court
Court Administrator
Judge |
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BURIAL RESPONSIBILITY
Sen. Harper
In pertinent part, allows a crematory,
cemetery or funeral establishment to bring an action in court to expedite a
resolution of a dispute involving disposition of remains or funeral
arrangements.
Statute(s) Impacted:
14-5425, 32-1365.02, 36-327, 36-831, 36-3221, 36-3224
Court Impact:
Clarifies procedures and responsibilities for making final
arrangements for a deceased person. May result in actions filed by
crematories, cemeteries, or funeral establishments regarding disposition of
a decedent's remains.
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Chapter 211
SB1205
Effective Date
General
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Item of Interest to: |
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Superior Court
Clerk of Court
Court Administrator
Judge |
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BIRTH CERTIFICATES; DELAYED
REGISTRATION
Sen. Allen
Allows a person, or parent or guardian
of a minor, who was refused a delayed birth certificate, to petition the
Superior or Tribal Court for an order establishing a record of that person’s
date of birth, place of birth and parentage. Prohibits the state registrar
from creating a delayed birth certificate if the information and evidentiary
documents submitted to support a delayed birth certificate are inaccurate,
incomplete or do not support the request. The person requesting the delayed
birth certificate must be notified by the registrar of any reason for
refusal and be advised of the right to petition for a court order. The
petitioner must provide the court copies of the information and evidentiary
documents originally submitted in the request for a delayed birth
certificate, and a copy of the refusal notification. The court must set a
date, time and place for a hearing of the petition, and notify the
petitioner and the state registrar at least twenty days in advance of the
hearing, at which the state registrar may appear and testify. Permits the
court to issue an order for the creation and registration of a delayed birth
certificate if the evidence presented supports the delayed birth certificate
and requires that the order be forwarded to the state registrar no later
than the tenth day of the calendar month following the month in which it was
issued. The state registrar then must create and register a delayed birth
certificate based on information contained in the court order.
Statute(s) Impacted: 36-333.02
Statute(s) Created: 36-333.03
Court Impact:
Courts will need to be aware of the statutory procedures for creation and
registration of a delayed birth certificate that has been denied by the
state registrar. If the court finds that the evidence presented for the
petitioner supports the creation and registration of a delayed birth
certificate, the court must establish the facts of birth, including
parentage and any other findings that may be required, and shall issue an
order to create and register a delayed birth certificate on a form provided
by the state registrar. The clerk of court must forward the order to the
state registrar no later than the tenth day of the calendar month following
the month in which the court order was issued.
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