Chapter 5 : Section 24
Permanent Guardianship
Policy
The Department shall establish a permanency plan of guardianship when guardianship is in the child's best interest, family reunification is not possible, and:
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the potential for adoption is not optimistic at this time; or
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termination of parental rights is not in the child's best interests
The Department shall give priority to guardianship by relatives, rather than non-relatives, unless this is contrary to the best interest of the child.
Procedures
Considering Guardianship
To decide whether a permanency plan of guardianship is appropriate, consider:
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whether the court ordered reunification services not be provided or a permanency plan other than family reunification;
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whether reunification services were ordered, and reasonable efforts have been made to reunite the family and further efforts would be counterproductive;
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if guardianship is the best permanency plan for a younger child;
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whether the guardianship is likely to remain intact as the child gets older, particularly in adolescence;
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if the potential for adoption is not optimistic at this time;
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if termination of parental rights is not in the child's best interests;
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whether a family or individual who wants to provide for the child's needs has been identified;
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If the child can be maintained without the support services currently provided through the Department; and
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if supervision of the placement by DCS or juvenile court is unnecessary.
Under certain circumstances, the court may consider a petition for permanent guardianship for a child who is the subject of a pending dependency proceeding and the child has not been adjudicated dependent. To determine if it is in the child’s best interest to be placed into an expedited (pre-adjudication) permanent guardianship, in addition to the above criteria, confirm the following:
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The parents, child and other parties to the petition are in agreement.
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There is no indication that the child or parent prefers to pursue reunification now, or in the future.
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The parent and child have been fully advised of the services available to support reunification.
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There is no indication that the parent or the child would prefer to pursue adoption as the permanency goal now, or in the future.
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The parent and child have been fully advised of the services available to support a goal of adoption.
Before pursuing permanent guardianship, be aware of the following characteristics of guardianship and ensure that the prospective guardian knows them as well:
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The court makes the appointment of a guardian in the best interests of the child.
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The guardian has the power and responsibilities of a parent to:
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Authorize medical or other professional care, treatment or advice.
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Enroll the child in school.
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Determine where the child will reside.
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Consent to marriage or adoption (in some instances, parental consent may also be necessary).
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Consent to social or recreational activities.
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A guardian is not:
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legally obligated to be financially responsible for the child if the child has an estate or is due funds; or
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liable to third persons for acts of the minor child solely by reason of guardianship.
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Any party to a dependency proceeding or a pending dependency proceeding may file a motion for permanent guardianship.
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The appointment of a guardian does not terminate the parents' rights or affect the child's inheritance rights or affect the parent's obligation to contribute to the support of the child.
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The court may appoint a person nominated by the child if the child is 12 years of age or older, unless the court finds that the appointment is not in the child's best interests.
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A guardian may petition the court for permission to resign.
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Any person interested in the welfare of the child may petition the court for removal of a guardian on the grounds that removal would be in the child's best interests.
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Any party, including the child, parent of the child or any party to the dependency petition, may request that guardianship be rescinded if there is a significant change of circumstances including:
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the child's parent is able and willing to properly care for the child; or
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the child's guardian is not able to properly care for the child.
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42 U.S.C. § 675(7). Definitions
A.R.S. § 8-871. Permanent guardianship of a child