SB 5788 expands the ability to file an Emergency Guardianship (EG), now also by motion under a regular guardianship petition (rather than just by separate EG petition).
The bill provides more guidance to courts on when to grant an emergency guardianship, including that courts must consider whether someone has the ability to prevent substantial harm to the minor’s health, safety, or welfare (rather than just someone having the authority and willingness to do so).