Chapter 5 : Section 24

Permanent Guardianship

Procedures

Considering Guardianship

To decide whether a permanency plan of guardianship is appropriate, consider:

• whether the court ordered reunification services not be provided or a permanency plan other than family reunification;

• whether reunification services were ordered, and reasonable efforts have been made to reunite the family and further efforts would be counterproductive;

• if guardianship is the best permanency plan for a younger child;

• whether the guardianship is likely to remain intact as the child gets older, particularly in adolescence;

• if the potential for adoption is not optimistic at this time;

• if termination of parental rights is not in the child's best interests;

• whether a family or individual who wants to provide for the child's needs has been identified;

• If the child can be maintained without the support services currently provided through the Department; and

• 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:

• The parents, child and other parties to the petition are in agreement.

• There is no indication that the child or parent prefers to pursue reunification now, or in the future.

• The parent and child have been fully advised of the services available to support reunification.

• There is no indication that the parent or the child would prefer to pursue adoption as the permanency goal now, or in the future.

• 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:

• The court makes the appointment of a guardian in the best interests of the child.

• The guardian has the power and responsibilities of a parent to:

  • Authorize medical or other professional care, treatment or advice.

  • Enroll the child in school.

  • Determine where the child will reside.

  • Consent to marriage or adoption (in some instances, parental consent may also be necessary).

  • Consent to social or recreational activities.

• A guardian is not:

  • legally obligated to be financially responsible for the child if the child has an estate or is due funds; or

  • liable to third persons for acts of the minor child solely by reason of guardianship.

• Any party to a dependency proceeding or a pending dependency proceeding may file a motion for permanent guardianship.

• 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.

• 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.

• A guardian may petition the court for permission to resign.

• 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.

• 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:

  • the child's parent is able and willing to properly care for the child; or

  • the child's guardian is not able to properly care for the child.

Effective Date: February 1, 2021

Revision History: November 30, 2012, August 9, 2017, August 31, 2017