{"id":23416,"date":"2016-03-22T06:14:22","date_gmt":"2016-03-22T06:14:22","guid":{"rendered":"http:\/\/advokids.wpengine.com\/?page_id=23416"},"modified":"2021-04-19T19:35:22","modified_gmt":"2021-04-20T02:35:22","slug":"legal-guardianships","status":"publish","type":"page","link":"https:\/\/adevine.io\/advokids-backup\/legal-guardianships\/","title":{"rendered":"Legal Guardianships"},"content":{"rendered":"
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Legal Guardianships<\/h2>\n

A legal guardian is an individual who has the legal authority to care for and manage the affairs of a child.\u00a0 A legal guardian has the same responsibilities to and for the child as does a parent.\u00a0The parent retains limited legal rights, including reasonable contacts and visits, and the parent can request the return of the child to their custody. The standard for this return is best interest of the child. The parent retains the duty to financially support their child. <\/span><\/p>\n

This section covers two different types of guardianships: (1) Dependency Guardianships and (2)\u00a0Probate Guardianships. \u00a0Both types of guardianships involve children whose parents are unable or unwilling to care for them. The Dependency Court grants a \u201cDependency Guardianship\u201d and the Probate Court grants a \u201cProbate Guardianship.\u201d<\/span><\/p>\n

<\/a>legal1<\/span><\/p>\n

\"Grandparent-with-children-2\"<\/p>\n

Dependency Guardianships<\/span><\/h2>\n

Dependency guardianships are granted by the dependency court. Once CPS is involved, and a dependent petition is on file in dependency court, the court has exclusive jurisdiction over the child. At this point, guardianship can be established in lieu of dependency or as part of a dependency permanent plan.<\/span><\/p>\n

In lieu of dependency:<\/strong> \u00a0A guardianship may be establ<\/span>ished in lieu of dependency if the biological parent(s) consent and the petition can then be dismissed in court. Where a legal guardian is appointed in lieu of dependency, no reunification services will be offered to the parents and the parent(s) must be so advised by the court. \u00a0<\/span>Welfare and Institutions Code\u00a0\u00a7\u00a0<\/span>360(a)<\/a><\/p>\n

As the permanent plan:<\/strong> \u00a0If the child has already been declared a dependent child of the court, the court may order guardianship of the child as a permanent plan. The court proceeds to permanent planning when parents are denied reunification services or when reunification services have been terminated and the hearing to select the permanent plan has been set. \u00a0<\/span>Welfare and Institutions Code\u00a0\u00a7\u00a0<\/span>366.26\u00a0<\/a><\/p>\n

Whether guardianship is established in lieu of dependency or as part of a dependency permanent plan, the social worker must provide a written assessment of the prospective guardian that discusses the appropriateness of a guardianship. The court must also review the assessment and determine that the proposed guardianship is in the best interest of the child.<\/span><\/p>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t\t\t

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TABLE OF CONTENTS:<\/p>\n

Dependency Guardianships<\/a><\/p>\n

Probate Guardianships<\/a><\/p>\n

How to Petition for a Probate Guardianship<\/a><\/p>\n

Moving from Probate Guardianship to Adoption<\/a><\/p>\n

Duties of a Guardian of the Person; Both Probate and Dependency<\/a><\/p>\n

Financial Help for Guardians\u00a0<\/a><\/p>\n

The Indian Child Welfare Act<\/a><\/p>\n

Special Immigrant Juvenile Status (SIJS)<\/a><\/p>\n

Pertinent California Court of Appeal Case Excerpts<\/a><\/p>\n

Additional Resources<\/a><\/p>\n

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The required assessment factors are detailed in Welfare and Institutions Code \u00a7 361.5(g)(1)\u00a0<\/a>\u00a0and include:<\/p>\n