October 2005

What is legal guardianship and how does it affect my family?

One of the goals of child welfare is to assure that every child has a safe and permanent living arrangement with an individual who will take on parental responsibilities. The preferred method of accomplishing this goal is with the parent of the child. However, this is not always possible and the second preference of adoption is not always available or appropriate. In the absence of the two preferred permanency options, guardianship is the next option considered by both the court and the child welfare agency.

Guardianship is a legal relationship created by the court between a child and a caregiver. The following parental rights and responsibilities are legally transferred to the caregiver/legal guardian. This usually takes place only when the parent is unable to continue to parent the child. The custody of the child, care and control, education, protection, all decision making such as living arrangements and medical decisions are all shifted from the state and legally transferred to the guardian.

Federal law and child welfare practice encourages states to consider choosing an adult relative over a non relative. The relative must meet the state’s standards for child protection. Often when a relative becomes a child’s legal guardian, it is referred to as “kinship care”. Kinship care is becoming the permanency option of choice when a parent is unable to assume responsibility for their children. Since legal guardians are usually relatives or close family friends, the child is able to maintain his or her identity, traditions, and feelings of connectedness to the family of origin. Generally, children with permanent guardians do not require ongoing court or agency supervision. However, some states have developed subsidized guardianship programs that include financial assistance and follow up support. In these situations, a child welfare worker may continue to be involved with the child and new guardian