Legal Capacity and Guardianship Law (Amendment No. 22 and Temporary Provision) Bill

What does the bill do?

Section 27A of the Legal Capacity and Guardianship Law, 5722-1962 (hereinafter – the law), provided before the law was enacted that a parent's guardianship would be revoked automatically if they were convicted of murder or attempted murder of the minor's other parent or of one of their own children, or if they were convicted of the offense of rape of one of their children. Amendment No. 22 expands the offenses to which the arrangement applies so that it will also apply to the offense of injury with aggravated intent under section 329 of the Penal Law, 5737-1977, committed by a parent against the minor's other parent or against one of their own children. Thus, for this offense too, the parent's guardianship will be revoked automatically. At the same time, it was provided that for this offense, guardianship will be revoked automatically as stated only after conviction, and there will be no temporary automatic revocation upon the filing of an indictment, as exists for the offenses already listed in the existing arrangement. In addition, a clarifying amendment was made to the law – since section 27A was enacted, there have been cases in which a parent whose guardianship was revoked tried to claim various parental rights, including the right to be a respondent in various proceedings concerning the minor and the right to contact between them and the minor. Therefore, and in order to prevent unnecessary litigation on this matter, it was explicitly provided that a parent whose guardianship was revoked will not be a respondent in an application concerning their minor child, and that if they file an application, it will be filed together with prima facie evidence showing that examining the application is required for the minor's benefit and that a change in circumstances has occurred justifying examination of the application. The application will be heard after the court finds that such evidence has been submitted, and it may dismiss the application outright even without a response from the respondent.