Kosrae State General Court Order 2001-1

PROCEDURE AND STANDARD FORM GENERAL COURT ORDER FOR DECREE OF ADOPTION PROCEDURE AND STANDARD FORM FOR 2001-1 FOR DECREE OF NAME CHANGE PROCEDURE FOR APPOINTMENT OF GUARDIAN.

Pursuant to Kosrae State Code, Section 6.101, this Court is authorized to make rules and orders, and to do all acts, not inconsistent with law or rule, required for the due administration of justice. This General Court Order is adopted to assist in the efficient and timely disposition of petitions for confirmation of customary adoption, petitions for statutory adoption, petitions for change of name and petitions for appointment of guardian. This General Court Order supersedes General Court Order 2000-1. This General Court Order also establishes the standard forms for a Decree of Adoption and a Decree of Name Change.

The following procedure shall be utilized in proceedings for confirmation of customary adoption and name change, pursuant to Kosrae State Code, Sections 6.3102 and 6.3105, and for entry of the Decree of Adoption.

1. Petitioner(s) shall file a Verified Petition for Confirmation of Customary Adoption. The Verified Petition shall be signed under oath by the Petitioner(s) and be notarized. The Petitioner(s) is the person(s) seeking to be confirmed as the adoptive parent(s) of the subject minor. The Respondent(s) is the natural parent(s) of the subject minor.

2. Petitioner(s) shall file a Written Consent of Adoption executed by the Respondent(s). The Written Consent shall be signed under oath by the Respondent(s) and be notarized. Both natural parents of the subject minor must sign an individual or a joint Written Consent. If the natural parents were not married at the time of the minor's birth, and the natural father did not subsequently adopt the minor, then only the natural mother must sign the Written Consent. A copy of the minor's birth certificate shall be attached to the Verified Petition.

3. The Verified Petition, copy of the minor's birth certificate and the Written Consent(s) shall be filed with the Court. Petitioner(s) shall post a copy of the Verified Petition at the FSM Post Office in Tofol for a minimum period of twenty (20) days. Petitioner(s) shall also post a notice which states that any objections to the Petition must be filed with the Court within twenty (20) days. The Petitioner(s) shall file a Certificate of Posting. Not less than twenty (20) days after posting, the matter shall then be set for hearing by the Clerk of Court on the Court's regular calendar. Petitioner(s), Respondent(s) and the subject minor child shall attend the hearing.

4. If an expedited hearing is requested, a Motion for an Expedited Hearing shall be filed. The Motion shall include the reason for requesting the expedited hearing. In the sole discretion of the Court, an expedited hearing may be granted. Petitioner(s), Respondent(s) and the subject minor child shall attend the expedited hearing.

5. A finding of customary adoption by the Court shall be based upon the traditional Kosraean characteristics of customary adoption. The Court shall consider the following traditional characteristics of customary adoption: age of the subject minor, length of residency with Petitioner(s), age of subject minor when residence began with Petitioner(s), dependency of subject minor upon the Petitioner(s), type of support given by Petitioner(s) to subject minor, and any other relevant information.

6. Upon finding and granting the confirmation of customary adoption, a Decree Confirming Customary Adoption shall be entered. The standard form of the Decree Confirming Customary Adoption is attached hereto. The Court shall prepare the Decree Confirming Customary Adoption. In order to expedite the entry of the decree, the Petitioner(s) or his counsel may prepare the Decree Confirming Customary Adoption for submission to the Court for approval. A Decree Confirming Customary Adoption submitted to the Court by the petitioner(s) or counsel must conform to the attached standard form for Decree Confirming Customary Adoption. Any submission which does not conform to the standard form shall not be approved by the Court.

7. The Decree Confirming Customary Adoption shall not order the issuance of a new birth certificate for the adopted minor. The Decree Confirming Customary Adoption may provide for a change of the minor's name.

8. If the Written Consent(s) executed by the Respondent(s) is not filed as required by this Part, the matter shall not be considered as a Petition for Confirmation of Customary Adoption and shall not be set for hearing. Alternatively, Petitioner(s) may seek Statutory Adoption of the subject minor as specified in Part II below.

The following procedure shall be utilized in proceedings for statutory adoption and name change, pursuant to Kosrae State Code, Sections 6.3102, 6.3103, and for entry of the Decree of Adoption. This procedure shall be utilized in all adoption proceedings pursuant to Kosrae State Code, Section 6.3103 and in all adoption proceedings where the Written Consent(s) of the natural parent(s) cannot be obtained as required in Part I

1. Petitioner(s) shall file a Verified Petition for Statutory Adoption. The Verified Petition shall be signed under oath by the Petitioner(s) and be notarized. The Petitioner(s) is the person(s) seeking the adoption of the subject minor. The Respondent(s) is the natural parent(s) of the subject minor.

2. Petitioner(s) shall allege the requirements for Statutory Adoption as stated in Kosrae State Code, Section 6.3103 . A copy of the minor's birth certificate shall be attached to the Verified Petition.

3. Petitioner(s) shall file the Verified Petition and the copy of the minor's birth certificate, and shall serve these documents upon the Respondent(s) pursuant to KRCP Rule 5. Petitioner(s) shall post a copy of the Verified Petition at the FSM Post Office in Tofol for a minimum period of twenty (20) days. Petitioner(s) shall also post a notice which states that any objections to the Petition must be filed with the Court within twenty (20) days from the date of posting. Petitioner(s) shall file a Certificate of Service and Posting.

4. Not less than twenty (20) days after posting and after service of the Verified Petition upon the Respondent(s), the matter shall then be set for hearing by the Clerk of Court on the regular calendar. The Petitioner(s) and the subject minor shall attend the hearing. The Respondent(s) shall be served notice of the hearing and be given an opportunity to be heard.

5. The granting of a statutory adoption shall be based upon finding of all necessary elements of statutory adoption pursuant to Kosrae State Code, Section 6.3103.

6. Upon granting the statutory adoption, a Decree of Adoption shall be entered. The standard form of the Decree of Adoption is attached hereto. The Court shall prepare the Decree of Adoption. In order to expedite the entry of the decree, the petitioner(s) or their counsel may prepare the Decree of Adoption for submission to the Court for approval. A Decree of Adoption submitted to the Court by the petitioner(s) or counsel must conform to the attached standard form for Decree of Adoption. Any submission which does not conform to the standard form shall not be approved by the Court.

The following procedure shall be utilized in proceedings for change of name, pursuant to this Court's authority under Kosrae State Code, Section 6.101, and for entry of the Decree of Name Change.

1. Petitioner shall file a Verified Petition for Change of Name. The Verified Petition shall be signed under oath by the Petitioner and be notarized. The Verified Petition shall list any criminal convictions of the person for whom the name change is requested. The Verified Petition shall list any judgments or liens entered against the person for whom the name change is requested.

2. A person who has attained the age of majority who seeks a change of name shall file the Verified Petition on his own behalf. A guardian of a minor for whom he or she seeks a change of name shall file the Verified Petition on behalf of the minor. The guardians of a minor are defined in Kosrae State Code, Section 6.3703.

3. A copy of the birth certificate of the person for whom the change of name is requested shall be attached to the Verified Petition. Petitioner shall file the Verified Petition and copy of the birth certificate. Petitioner shall post a copy of the Verified Petition at the FSM Post Office in Tofol for not less than twenty (20) days. Petitioner shall also post a notice which states that any objections to the Petition must be filed with the Court within twenty (20) days from the date of posting. Petitioner shall file a Certificate of Posting.

4. A Petition for Change of Name to change the spelling of a name shall usually be considered by the Court without a hearing. All other Petitions for Change of Name shall usually be set for hearing. If a hearing is held, the Petitioner and the person for whom the name change is requested, shall attend the hearing.

5. If expedited Court action is requested, a Motion for Expedited Hearing shall be filed. Petitioner shall request expedited action and include the reason for requesting the expedited action. In the sole discretion of the Court, an expedited hearing may be granted. The Petitioner, and the person for whom the name change is requested, shall attend the expedited hearing.

6. Upon granting of the name change, a Decree of Name Change shall be entered. The standard form of the Decree of Name Change is attached hereto. The Court shall prepare the Decree of Name Change. In order to expedite the entry of the decree, the Petitioner or his counsel may prepare the Decree of Name Change for submission to the Court for approval. Any Decree of Name Change submitted to the Court by the Petitioner or his counsel must conform to the attached standard form for Decree of Name Change. Any submission which does not conform to the standard form shall not be approved by the Court.

The following procedure shall be utilized in proceedings for appointment of a guardian of an incapacitated person, pursuant to this Court's authority under Kosrae State Code, Section 6.3701 and for entry of the Order of Appointment of Guardian.

1. Petitioner(s) shall file a Verified Petition for Appointment of Guardian. The Verified Petition shall be signed under oath by the Petitioner(s) and be notarized. If the proposed ward is a minor, a copy of the minor's birth certificate shall be attached to the Verified Petition. The Petitioner(s) is the person(s) seeking appointment as guardian(s) for an incapacitated person. The Respondents are the spouse, parents, adult children, and any current guardian of the proposed ward, and other persons entitled to receive notice pursuant to Kosrae State Code, Section 6.3708.

2. The Verified Petition shall state the grounds for the proposed guardianship, and shall state all information required by Kosrae State Code, Section 6.3704(4).

3. Petitioner(s) shall file the Verified Petition and shall serve it upon the Respondents as specified in Kosrae State Code, Section 6.3708. Petitioner(s) shall post a copy of the Verified Petition at the FSM Post Office in Tofol and at all Municipal Offices for a period of not less than thirty (30) days, as specified in Kosrae State Code, Section 6.3708(2). Petitioner(s) shall also post a notice which states that any objections to the Petition must be filed with the Court within twenty (20) days from the date of posting. Petitioner(s) shall file a Certificate of Service and a Certificate of Posting.

4. Not less than thirty (30) days after service has been made on the Respondents and after posting has been completed at the FSM Post Office and all Municipal Offices, the matter shall be set for hearing by the Clerk of Court.

5. The hearing shall be held on issue of incapacity of the proposed ward. Upon finding incapacity of the proposed ward, the Court may appoint a guardian. Appointment of a guardian shall be made pursuant to Kosrae State Code, Sections 6.3704 and 6.3705.

6. Upon making a finding of incapacity and appointing a guardian for the incapacitated person, an Order of Appointment of Guardian shall be entered. The Court shall prepare the Order of Appointment of Guardian.