Guardianship means that caregivers can assume legal guardianship of a child in out-of-home care without termination of parental rights, as is required for an adoption. Although guardianship is most frequently used in the US when relative caregivers wish to provide a permanent home for the child without a termination of parental rights. Legal guardianship can be given to a non-relatives if they are qualified.

Legal Perspective

  • A child or minor, according to the law, is not capable of managing his or her own affairs. A “guardian” is a person appointed by the court or by the consent the child’s parents, to act for a minor who is not capable of managing his or her own affairs.

  • A guardian, like a parent, is required to promote and act in the best interests of the child. This relationship between the guardian and the minor is called a Guardianship. This is a sacred relationship based on trust.

  • There are two types of guardianships. The first type is a guardianship of the person, which affects personal interests like obtaining travel documents or registering a child in school or attending to the child’s medical needs. The second type is a guardianship over child’s property, which affects the child’s property interests like managing his bank accounts, investment and/or real estate.

  • A guardian of a minor has the powers and responsibilities of a parent regarding the child’s support, care, and education. While a guardian is vested with the legal capacity to act for and in behalf of the minor to serve the child’s best interests and welfare, a guardian does not exclude the child’s parents’ natural rights, privileges, and obligations.

People & Institutions

Abed Awad, Esq. Awad & Khoury LLP
Office: 201-462-9500
Email: info@abedawad.com
Firm: www.awadkhoury.com
Site: www.abedawad.com

Guardianship Resources:

Child Welfare Information Gateway is a service of the:

https://www.childwelfare.gov/topics/permanency/guardianship/

http://www.ocfs.state.ny.us/kinship/KinGAP_Practice_Guide.pdf

Subsidized guardianships provide financial assistance to caregivers who assume legal guardianship of a child in out-of-home care. A number of States are exploring subsidized guardianship as a means to achieving permanency for children and youth who are not being adopted or reunited with family. The following resources can be helpful to learn more about Guardianship and State and local examples of Subsidized Guardianship.

Guardianship Toolkit
Bridging Refugee Youth & Children’s Services
Provides resources for those assisting immigrant and refugee families who are caring for non-biological children. The webpage also includes a searchable directory that provides basic information about the guardianship procedures in each State.

https://www.childwelfare.gov/topics/permanency/guardianship/

Duties of a Guardian
California Courts (2017)
Outlines the role and responsibilities of legal guardians, including financial and personal obligations.

Grand families: Legal Issues
Generations United (2016)
Reviews the important legal steps necessary in obtaining legal guardianship in informal kinship caregiver situations.

Guardianship Information by State
Bridging Refugee Youth & Children’s Services (2017)
Explains the relevant terminology, type of court, website, and forms required to obtain legal guardianship in each State.

Guardianship
U.S. Department of Health and Human Services, Children’s Bureau
Offers information on the Children’s Bureau’s support of States and Tribes that have been approved to operate a Title IV-E Guardianship Assistance program and provides additional resources on guardianship and kinship care.

Guardianship Toolkit
Bridging Refugee Youth & Children’s Services
Provides resources for those assisting immigrant and refugee families who are caring for non-biological children. The webpage also includes a searchable directory that provides basic information about the guardianship procedures in each State.

Making It Work: Using the Guardianship Assistance Program (GAP) to Close the Permanency Gap for Children in Foster Care (PDF – 1,690 KB)
Children’s Defense Fund, Child Trends, American Bar Association Center on Children and the Law, Casey Family Programs, Child Focus, & Generations United (2012)
Examines the key elements and challenges of title IV-E GAP and best practices in States implementing GAP.

The Title IV-E Guardianship Assistance Program (GAP): An Update on Implementation and Moving GAP Forward (PDF – 211 KB)
Children’s Defense Fund (2015)
Presents a follow-up survey of the jurisdictions included in Making It Work to see if and how children were benefiting from GAP.

Paths to Permanence: Kin Guardianship and Adoption (PDF – 660 KB)
Rowe (2013)
Adoption Advocate, 59
Examines the benefits of kin guardianship and adoption for children in care.

Subsidized Guardianship – Summary & Analysis
Grandfamilies.org (2017)
Provides a summary of the provisions of Fostering Connections to Success and Increasing Adoptions Act of 2008, which is the most significant child welfare law in the last 15 years. The Act gives all States the option to use funds through Federal title IV-E of the Social Security Act to finance guardianship assistance programs.

State and local examples

Are Subsidized Guardianships Making a Positive Difference for Kids? Early Evidence From the Field (PDF – 496 KB)

http://library.cppp.org/files/4/CW_2012_08_PP_Guardianships.pdf

Center for Public Policy Priorities (2012)
Explores whether subsidized guardianship placement payments in Texas increased overall permanent placements with relatives or led to a shift from adoption to legal guardianship.

Guide to Kinship Legal Guardianship Support Services (PDF – 978 KB)
New Jersey Department of Children and Families (2016)
Provides information on supports for kinship caregivers in New Jersey, including topics such as financial assistance, health care, education, behavioral and/or emotional challenges, and disabilities.

Handbook for Grandparents and Other Relatives Raising Children (PDF – 5,755 KB)
San Diego County Board of Supervisors (2015)
Defines the status and role of relative caregivers in California. This resource also points to available resources to help relatives raising children in their care.

Indiana Department of Child Services Child Welfare Manual (PDF – 239 KB)
Indiana Department of Child Services (2015)
Offers information to help understand and determine the financial assistance available through the Guardianship Assistance Program for eligible children and their families.

Kinship Caregivers Guide: A Guide for Adults Who Are Caring for the Children of Relatives or Family Friends (PDF – 1,249 KB)
Vermont Agency of Human Services, Department for Children and Families (2017)
Provides information about the financial and personal assistance available to kinship caregivers in Vermont.

Economic Stability: Kinship Care Subsidy Program 
Louisiana Department of Children and Family Services (2017)
Clarifies the eligibility requirements and how to obtain funds from the two financial assistance programs provided by the State of Louisiana.  

Subsidized Permanent Guardianship
Tennessee Department of Children’s Services
Explains issues and concerns that families may face, what to take into consideration, and how the program may assist you.