Chapter 6 : Section 7

Permanent Guardianship for an Indian Child

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:

adoption is remote; or
termination of parental rights is not in the child’s best interests.

Selection of a guardian shall be consistent with the caregiver preferences of the Indian Child Welfare Act, absent good cause to deviate.

Even when a parent does not object to the appointment of a permanent guardian, a hearing under ARS §8-872 is required and must include qualified expert witness testimony.

Procedures

Considering Permanent Guardianship as the Permanency Goal

To decide whether a permanency plan of guardianship is appropriate, consider these questions in addition to the questions in Permanent Guardianship:

Does the relative caregiver, the child’s tribe or other Indian tribes have a preference for guardianship over adoption?
Have active efforts been made to reunite the family and would further efforts be unproductive?
Is the proposed guardian a preferred caregiver under ICWA or is there good cause to deviate from the order of preference?

Implementing Permanent Guardianship as Permanency Plan

Obtain supervisory approval of a case plan of guardianship and request that the Program Supervisor sign the Referral for Guardianship, CSO-1065.

In implementing permanent guardianship as the permanency plan, follow the procedures outlined in Guardianship: Permanency Planning. In addition, provide the Attorney General with the following information for incorporation into the guardianship motion:

the tribal affiliation of the child and child's parents;
the actions taken to notify the child's and parents' tribe(s) of the plan of permanent guardianship and the result of those contacts (including names, addresses, titles, telephone numbers of persons contacted and copies of any correspondence with the tribe);
the efforts made to comply with the caregiver preferences under ICWA. [ARS §8-872];
the active efforts made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.

Documentation

Ensure the child’s tribe has been added to the case.

Document the selection of guardianship as a permanency goal in the case plan.

Document child, parent and grandparent information and affiliated tribal information using the Native American Indian Detail tab.

In Notes, document all contact with child’s parents, Indian custodian and tribal social services. File copies of all written correspondences in the hard copy case record.