Fresno — (GC-207) Comparison of Guardians with other Non Parent Caregivers

Source: https://www.fresno.courts.ca.gov/system/files/forms-and-filings/gc207info.pdf

Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers Notice of the hearing on a petition for appointment of a probate guardian must include a copy of this form. A California court can order care, custody, and control of a child transferred from a For more information onparent to another caregiver in a variety of cases. This form compares juvenile court probate guardianship of theand probate guardianship cases. In juvenile court, a foster parent, sometimes called a person, see Information on resource family, is a temporary caregiver. A guardian is a “permanent” caregiver. A Probate Guardianship of the probate court can also appoint a guardian, using different procedures and standards. Person (form GC-205-INFO). The three charts in this form compare the rights and duties, available services and For information on probate supports, and court processes in juvenile court and probate guardianship cases. guardianship of the estate, see Information on ProbateCharts in this form Guardianship of the Estate 1. The Rights and Duties of Different Types of Caregivers, at pages 2–4 (form GC-206-INFO). For Compares foster parents/resource families with probate guardians and juvenile more information on juvenile court guardians court guardianship, see 2. The Services and Financial Support Available to Different Types of Information on Juvenile Court Caregivers, at pages 5–8 Guardianship (form Compares foster parents/resource families, probate guardians, and juvenile court JV-350-INFO). guardians 3. How a Guardian Is Appointed and What Happens Afterward, at pages 9–11 Compares probate guardians with juvenile court guardians CAUTION: This form does not replace legal advice from a lawyer. Parents, potential caregivers, and potential guardians should consult a lawyer for answers to questions or concerns about their specific situation. Click this link, www.courts.ca.gov/selfhelp-findlawyer.htm, for help finding a lawyer. Starting a case in probate court or juvenile court A probate guardianship case begins when a private person files a petition to appoint a guardian. A juvenile dependency case begins only if the child welfare agency files a petition. However, a private person can ask the agency to file a petition. If the agency does not, that person can ask the juvenile court to order the agency to file a petition. Even if the agency files a petition, the juvenile court can deny it if the child doesn’t meet the legal standard. If the probate court thinks a juvenile dependency case might be appropriate after a guardianship case begins but before a guardian is appointed, the court can ask the agency to file a dependency petition and, if the agency does not, can ask the juvenile court to order the agency to file a petition. Families can also arrange for care and a place to live for a child without going to court. These arrangements are usually temporary and often involve documents such as a Caregiver’s Authorization Affidavit (see www.courts.ca.gov/documents/caregiver.pdf) or a Voluntary Placement Agreement with a child welfare agency (see www.cdss.ca.gov/cdssweb/entres/forms/english/soc155.pdf). Information on the Probate Guardianship of the Person (form GC-205-INFO) gives information about these arrangements. Foster parents/resource families If a juvenile court finds that a child cannot continue living safely at home, the court will order the child placed out of the home in the care and custody of the county child welfare agency (sometimes called child protective services or CPS). The agency can then place the child in the home of an approved foster parent. If a foster parent has been approved through the resource family approval (RFA) process, the foster parent is sometimes called a resource family, so this form uses the term “foster parent/resource family.” Approval as a foster parent/resource family is difficult and takes time. Some families will not be approved because they do not meet the strict standards. Guardians A guardian is an adult appointed by either the probate court or the juvenile court to take long-term care, custody, and control of a child when the child’s parents are unavailable or unable to care for the child. A relative or nonrelative can be appointed as guardian if the court finds the appointment is in the child’s best interest. In general, probate guardians have the same rights and duties as juvenile court guardians. However, probate guardians have access to different, and often fewer, financial supports, services, and resources. Judicial Council of California, www.courts.ca.gov GC-207-INFO/JV-352-INFO New January 1, 2023, Mandatory Form Comparison of Guardians With Page 1 of 11 Government Code, § 68511.1; Probate Code, § 1511 Other Nonparent Caregivers

Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

1. The Rights and Duties of Different Types of Caregivers Guardians Foster Parents/Resource Families (Probate and Juvenile Court) Caregiver’s Fundamental Responsibilities and General Duties

A foster parent/resource family works with child A guardian, whether appointed by a probate court or juvenile welfare agency social workers to provide care, court, has the same general rights and duties toward the child as a supervision, and housing for the child. parent. In other words, a guardian has care, custody, and control of A foster parent/resource family receives foster the child. However, the court that appoints the guardian can order care funds for the child’s needs, such as food and the guardian to do or not to do certain things. clothing, and works with the social worker to The guardian is responsible for providing for food, clothing, make sure the child receives available resources shelter, education, and all the medical and dental needs of the and services if the child has special needs. child. The guardian must provide for the safety, protection, and physical and emotional growth of the child. Like a parent, a guardian should maintain close contact with the child’s school and doctor. If the child has special needs, the guardian must strive to meet those needs and secure appropriate services. Some children may have physical or learning disabilities. Other children come from abusive homes or have been victims of abuse. Counseling and other services may be necessary to help these children.

Custody and Visitation

Physical custody of the child—that is, the right to The guardian has legal and physical custody of the child. decide where the child lives—is with the child Parents can no longer make decisions for the child while there is a welfare agency unless the court orders a specific guardianship. The rights of the parents are completely placement. suspended—but not terminated—as long as the guardianship Parents retain legal custody subject to limitations remains in effect. set by the court. If a guardian is appointed, a parent or other person can ask the A foster parent/resource family must make sure court to order the guardian to let them visit or spend time with the the child takes part in visits and phone calls with child. (In juvenile court, the court must allow the parent to visit the parents and others authorized by the social worker child unless it would be detrimental to the child.) If the court does or ordered by the court. not make an order, the guardian can decide who visits the child. A foster parent/resource family cannot, on their After the child has been in the guardian’s custody for a minimum own, ask the court to terminate parental rights and time, varying from six months to three years depending on the adopt the child. They can, however, tell the social circumstances, the guardian may petition to terminate parental worker they would like to adopt the child. rights and adopt the child. Residence The social worker and the court decide who the A guardian decides where the child lives. The child normally will child will live with. live with the guardian, but the guardian can make other arrangements if they are in the best interest of the child. A guardian must give proper notice to the court and others of any address change of either the child or the guardian. A guardian must get court permission before changing the child’s residence to a place outside California.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

Guardians Foster Parents/Resource Families (Probate and Juvenile Court)

Health Care

The social worker arranges care and treatment for The guardian must make sure that the child’s health-care needs are the child’s medical, dental, and mental health met. In most cases, the guardian has the authority to consent to the needs, but the foster parent/resource family might child’s medical treatment. However, if the child is 14 years of age be responsible for scheduling and transporting the or older, surgery may not be performed on the child unless (1) child to these appointments. both the child and the guardian consent, (2) a court order specifically authorizes the surgery, or (3) an emergency exists. Parents keep their rights to make health-care decisions for the child except in an emergency or A guardian may not place a child in a mental health treatment if the court orders otherwise. facility against the child’s wishes. A separate legal process is required for such a placement. However, the guardian must obtain any counseling or other necessary mental health services needed by the child. The law also allows children to consent to certain types of treatment—including outpatient mental health treatment, medical care related to pregnancy or sexually transmitted diseases, and drug or alcohol treatment—without the consent of a parent or guardian.

Education

When a child is in foster care, parents retain the A guardian is responsible for the child’s education and holds the rights to make educational and developmental- child’s educational and developmental-services decisionmaking services decisions for the child unless the court rights, unless the court appoints someone else to hold them. If a limits these rights and assigns them to another child needs special education and related services, the guardian person. must advocate for the child with the school district and make the appropriate arrangements. (See page 8 for information about If the court limits parental rights to make financial support for children with special needs.) educational and developmental-services decisions, it may assign those rights to a foster parent/resource family. Otherwise, a foster parent/resource family cannot make those decisions or attend Individualized Education Program (IEP) meetings for the child unless invited by the person holding educational rights. A foster parent/resource family is responsible for making sure that the child attends school. If the child is receiving special education services, the foster parent/resource family works with the school district and service providers to ensure that the child receives all the services and supports in the child’s IEP. (See page 8 for information about financial support for children with special needs.)

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers Guardians Foster Parents/Resource Families (Probate and Juvenile Court) Consent to Changes to the Child’s Status A foster parent/resource family cannot consent to A guardian and the court must give permission for a minor child the child’s marriage, military enlistment, or to get married. driver’s license application, but the juvenile court A guardian may consent to a minor child’s enlistment in the armed can consent. services or application for a driver’s license. A guardian may apply for a passport for a minor child.

Financial Obligations

A foster parent/resource family receives foster The guardian is responsible for the day-to-day financial support of care funds to pay for the child’s needs. the child, even though the parents are still obligated to support the child. The guardian may take legal action or contact the local child support agency to obtain child support from a parent. The child may also be eligible for Aid to Families with Dependent Children—Foster Care (AFDC-FC), Social Security benefits, Veterans Administration benefits, Indian child welfare benefits, and support from other public or private sources. (See Chart 2.)

Legal Liability

Except in limited circumstances, a foster A guardian, like a parent, is liable for the harm and damage caused parent/resource family is immune from liability in by the willful misconduct of a child. (See Civil Code, a civil action to recover damages for injury, death, § 1714.1(a).) There is usually a limit on how much a guardian may or loss to person or property caused by an act or be required to pay. There are special rules concerning harm caused omission of a child or nonminor dependent while by the use of a firearm. the child or nonminor dependent is placed in the home of the foster parent/resource family. (See Welfare and Institutions Code section 362.06(b)(2).) If you are concerned about your liability for a child’s conduct, you should contact an attorney.

Other Rights or Duties

Foster parents/resource families are entitled to The court may require the guardian to perform other duties, such as notice of statutory review hearings and permanency completing a parenting class or attend counseling sessions with the hearings. They may attend the hearings and give child. The guardian must follow all court orders and cooperate with information about the child to the court. Caregivers court investigators. who wish to submit information in writing may use Court visitors and status reports: Some counties have programs Caregiver Information Form (form JV-290). in which “court visitors” track and review guardianships. If your Foster parents/resource families must be included county has such a program, you will be expected to cooperate with in a child’s Child and Family Team (CFT) and all the court visitor’s requests. In addition, a guardian may have to must be notified of every CFT meeting. They may fill out and file status reports. be invited to participate in or support a child’s services, such as counseling or other types of treatment.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers 2. The Services and Financial Support Available to Different Types of Caregivers The payment amounts discussed below are updated annually based on the cost of living. Payments are made retroactively. For example, a child placed with a caregiver in January would receive funds for the month of January in February. The payment amounts given below are in effect from July 1, 2022, to June 30, 2023. For updated amounts, see www.cdss.ca.gov/inforesources/letters-regulations/letters-and-notices/all-county-letters.

Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family

Cash Payments per Child—Relatives Before a relative is approved as a Child-only California Work Kinship Guardianship Assistance foster parent/resource family, Opportunity and Responsibility Payment (Kin-GAP) payments are Emergency Caregiver (EC) to Kids Program (CalWORKs) available to children who have lived with an funding is available at the foster payments are available for a child approved relative guardian for at least six care basic rate starting from the living with a relative guardian. The months. Kin-GAP families sign a written date the child is placed with the income of the family is considered agreement with the county. The Kin-GAP relative. EC funding is limited to in calculating the amount of cash payments begin once the agreement is the foster care basic rate, $1,129 aid the family receives. signed and the juvenile court terminates the per month. dependency case. Payments are approximately one- After approval, the foster half of the foster care basic rate Payments cannot exceed the amount the parent/resource family will receive paid to nonrelatives. A relative child was receiving in foster care, but they foster care payments through caregiver can receive this can include the foster care basic rate and federal Aid for Families with assistance before appointment as any special needs supplements the child was Dependent Children—Foster guardian if the child lives with the receiving. The income of the child’s Care (AFDC-FC). These relative. Payments can drop below parents, Kin-GAP guardian, or any other payments are set at the foster care one-half of the foster care basic relative living in the household is not used basic rate, $1,129 per month. rate if there are multiple children to determine the child’s Kin-GAP in the home. eligibility. There are different eligibility requirements for federal and state CalWORKs Maximum Aid Kin-GAP payments generally end when a AFDC-FC. The child welfare Payment (MAP) levels depend on child turns 18 but can continue until age 19 agency will determine eligibility. variables such as geographic if the child is completing high school or For a child in relative foster care region and exempt/nonexempt until age 21 if the Kin-GAP payments who is not eligible for federal status and are hard to calculate. started after the child turned 16 or if the AFDC-FC or EC, Approved From October 1, 2022, to child has an ongoing disability. Relative Caregiver (ARC) September 30, 2024, MAP If the court keeps the juvenile case open payments are available. These amounts for one child in California after appointing a relative guardian, the payments are set at the foster care are expected to range from $669 to guardian can receive Approved Relative basic rate, $1,129 per month. $779 per month. A social worker Caregiver (ARC) or foster care payments who specializes in benefits would California foster youth who are instead of Kin-GAP. be the best person to ask about placed with a relative out of state MAP levels for cash aid. In very rare situations, a relative guardian are eligible for funds at the foster may not qualify for Kin-GAP, foster care, or care rate in the state where they are Payments end when the child turns ARC payments, but may still qualify for placed. 18 years old, but it is possible to California Work Opportunity and extend payments to age 19 if the Responsibility to Kids Program child is completing high school. (CalWORKs) payments.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family

Cash Payments per Child—Nonrelatives

Before approval as a resource No cash payments are available State Aid to Families with Dependent family, a nonrelative foster until a guardian is appointed and Children—Foster Care (AFDC-FC) is parent/resource family may receive the child begins living with the available to children who live with a Emergency Caregiver (EC) guardian. nonrelative guardian. This rate may change funding at the foster care basic depending on where you live, so before you An eligible child living with a rate, $1,129 per month, starting move, ask if there will be a rate change. The nonrelative probate guardian may from the date the child is placed foster care basic rate is $1,129 per month. receive state Aid to Families with with the nonrelative. Dependent Children—Foster A youth who continues living with a former After approval, the foster Care (AFDC-FC) payments nonrelative guardian after reaching age 18 parent/resource family will receive equivalent to the foster care basic can continue to receive AFDC-FC payments foster care payments. Nonrelative rate, $1,129 per month, after the until they turn 21 if they meet certain resource families receive Aid to court establishes a temporary participation criteria related to work, school, Families with Dependent guardianship. or activities designed to remove barriers to Children—Foster Care (AFDC- employment. Payments usually end when the FC) funds. There are federal and child turns 18 years old but may state AFDC-FC funding programs, continue to age 19 if the child is and they have different eligibility completing high school or to age requirements. The foster care basic 21 if the child has a disability. rate is $1,129 per month.

Medical Insurance

Children who qualify for the cash A child who qualifies for Children who qualify for Kin-GAP, ARC, payments described above are also CalWORKs (relative guardian) or or CalWORKs payments also receive full- eligible for full-scope Medi-Cal AFDC-FC (nonrelative guardian) scope Medi-Cal health care services. services. Youth are eligible for payments is eligible for Medi-Cal. Former Foster Youth Medi-Cal After turning 18, a youth is not up to age 26. eligible for Former Foster Youth Medi-Cal but may qualify for Medi-Cal based on income.

Extended Foster Care and Other Transition Age Supports

Extended Foster Care benefits A youth who turns 18 in a probate Extended Foster Care benefits are not are available for youth living in guardianship is not eligible for available for a youth who is under juvenile foster care when they turn 18. Extended Foster Care, court guardianship when the youth turns 18 These nonminor dependents can Independent Living Program years old. But if the former guardian dies or receive ongoing case management services, or Chafee Education no longer provides ongoing support to the and EFC payments until they turn and Training Vouchers. youth, the youth can ask the juvenile court 21; they may also qualify for to open the dependency case again. If the transitional housing and court does, the youth may qualify for EFC independent living placements. payments if they complete the requirements.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family

Extended Foster Care and Other Transition Age Supports Payment amounts vary by the type However, a youth living with a Independent Living Program funding is of living arrangement. They range former guardian and receiving available for current and former foster youth from the foster care basic rate of CalWORKs (relative) or AFDC- up to age 21, if they were in foster care on $1,129 per month to $5,720 per FC (nonrelative) payments may or after age 16, they entered into a Kin-GAP month for a parenting youth living continue receiving payments until guardianship after age 16, or they entered in transitional housing in a high- age 19 if the youth is completing into a nonrelated legal guardianship through cost county. high school or another eligible juvenile court after age 8. This funding can education program or until age 21 help youth learn to manage their household Independent Living Program if the youth has a disability. and money and help them with education, funding is available for current and housing, and employment. former foster youth up to age 21, if they were in foster care on or after Chafee Education and Training Vouchers they reached age 16. This funding may be available. See the Foster can help youth learn household Parent/Resource Family column for details. and money management and help them with education, housing, and employment. Chafee Education and Training Vouchers for postsecondary education are available for youth who were in foster care on or after age 16. Vouchers are worth up to $5,000 per year. Childcare Assistance The Emergency Child Care Income-based childcare assistance Emergency Child Care Bridge program Bridge program provides may be available to children in benefits are not available after a childcare vouchers and navigation probate guardianships. guardianship is established, but income- support to caregivers of children in based childcare assistance may be available. foster care and to foster youth who have children of their own. Eligibility depends on available funding and county policy. California offers a variety of publicly funded childcare programs to eligible families. Information on Probate Guardianship of the Person (form GC-205-INFO) and Information on Juvenile Court Guardianship (form JV-350-INFO) give more information on these programs. Local childcare resource and referral agencies help families find childcare and determine whether they qualify for publicly funded childcare. Parents and guardians can find a local resource and referral agency here: https://rrnetwork.org/family-services/find-child-care.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

Foster Parent/Resource Family Probate Guardian Juvenile Court Guardian

Special Needs Supplemental Payments Special needs supplemental payments may be No special needs supplemental Special needs supplemental available. These payments are in addition to the payments are available to a child payments may be available. basic rate, and can include: with living with a relative probate These include: guardian. Level of Care based on the physical, behavioral, • Level of Care emotional, educational, health, and permanency A child living with a nonrelative • Intensive Services care provided to a child. Payments range from probate guardian and receiving Foster Care $1,129 to $1,510 per month. state AFDC-FC payments may • Specialized Care also, if eligible, receive a Increments Intensive Services Foster Care for children with specialized care increment, a • Dual Agency Rate intensive medical, behavioral, developmental, or clothing allowance, or the teen • Whole Family Foster emotional needs. The payment is $2,946 per parent part of a Whole Family Home and Infant month. Foster Home payment. Supplement Specialized Care Increments for children with • Clothing Allowance See the Foster Parent/Resource special medical, behavioral, developmental, or Family column for details about emotional needs. The amounts of these payments these payments. See the Foster are set by the county. For more information, see Parent/Resource Family www.cdss.ca.gov/inforesources/foster- column for details about care/specialized-care or speak to a social worker. these payments. Dual Agency Rate for children in foster care who also qualify for regional center services. These rates are $1,323 per month for a child up to 3 years old and $2,955 per month for a child over 3. Whole Family Foster Home and Infant Supplement payments are available to support youth living in foster care with their nondependent children. This rate is $900 per month. An Expectant Parent Payment is available to support a youth in foster care for the last three months of pregnancy. This payment is $2,700. A Clothing Allowance is available for foster children in some counties. The payment amount varies by county. Education Travel Reimbursement is available to caregivers who transport a child to the child’s school of origin (the school the child was attending before being placed in the resource family home). This rate is set by the state based on two round trips per day between the foster/resource family home and the school.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers 3. How a Guardian Is Appointed and What Happens Afterward

STAGE Probate Guardian Juvenile Court Guardian Petition A person who wants to be appointed guardian of To start a juvenile court case, a county social a child must file a petition with the probate court. worker or prosecuting attorney must file a The child’s parent or the child, if at least 12 years petition in juvenile court. old, can also file the petition. (See Information on Probate Guardianship of the Person (form GC-205-INFO).) Investigation Before the court decides to appoint a guardian, The social worker or probation officer conducts an investigation is usually required. If the an investigation to determine, among other proposed guardian is a relative, a court things, whether to detain the child temporarily investigator conducts the investigation. If the out of the parent’s home and whether to proposed guardian is not a relative, a county recommend that the court remove the child from social worker conducts the investigation. The the parent’s home. A person who wants to serve investigator prepares a report, makes a as guardian of a child in juvenile court should recommendation whether the petition should be contact the child’s social worker or probation granted, and files the report with the court, which officer early in the case to ask if the child can makes it available to all persons served in the live with them. proceeding and their attorneys. The parent and the proposed guardian are responsible for the costs of the investigation unless payment would be a hardship. Appointment The probate court has the authority to appoint an In a dependency case, the juvenile court must of Counsel attorney to represent the child. The court may appoint counsel for the child unless it finds that also appoint an attorney for the Indian custodian the child would not benefit from the or biological parent of an Indian child but does appointment. And in almost every case, the court not otherwise have the authority to appoint appoints counsel for a parent who cannot afford counsel for a parent. counsel. In a juvenile justice case, the court must appoint counsel for the child if the child appears without counsel. The court may also appoint separate counsel for a parent in specific circumstances. Hearing The court holds a hearing to decide whether to The court holds a hearing to decide if the petition appoint a guardian. A parent or other interested is true and whether to order the child placed out person may go to the hearing and object, orally of the parent’s home. If it decides the child or in writing, to the appointment of a guardian cannot live safely at home, the court will not for the child or to the appointment of the person appoint a guardian right away unless the parents proposed as guardian in the petition. The court and child agree. Instead, it will order the child will decide whether appointing a guardian is placed first with a foster parent/resource family necessary and in the child’s best interest. and order the social worker or probation officer to provide reunification services (see below). Reunification The probate court cannot order family The juvenile court can order services to help the Services reunification services but can order supportive parents and child reunify (live together safely) services for the guardian and child, if needed. before it chooses a permanent plan (e.g., guardianship) but not afterward.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

STAGE Probate Guardian Juvenile Court Guardian Decision to If the probate court finds that appointment of a The juvenile court may appoint a guardian at Appoint a guardian is necessary and in the child’s best different times during the case, after making the Guardian interest, the court may appoint a guardian. required findings. In a dependency case, if the court finds that the petition is true, it can appoint a guardian for the child at the dispositional hearing, if the parents and the child agree and the court finds that appointing the guardian is in the child’s best interest. In a juvenile justice case, the court can appoint a guardian for the child at any time after the dispositional hearing if the probation officer recommends it or the child’s attorney requests it. In either a dependency or juvenile justice case, if the court has ordered out- of-home placement and denied or terminated reunification services, the court can appoint a guardian as the child’s permanent plan at a separate hearing. The court decides whom to appoint as guardian. The person who has been caring for the child is almost always appointed. The procedures for appointing a guardian are generally the same in dependency and juvenile justice, but there are some differences. For more information, see Information on Juvenile Court Guardianship (form JV-350-INFO), and check with the social worker or probation officer. Court After a guardian is appointed, there are no The juvenile court keeps jurisdiction over the Oversight regular court hearings, although the probate court guardianship. When the court appoints a has the authority to regulate and control the guardian, it must also issue parental visitation guardian’s actions. The court can order the orders unless it finds that visitation would be guardian to allow visitation of the child with detrimental to the child. parents or other persons. In many cases after the guardianship is granted, The court may order the guardian to submit an especially if the guardian is related to the child, annual status report to the court and, depending the court will terminate dependency or juvenile on the county, the court may hold a hearing. (See justice jurisdiction and will not hold any more Information on Probate Guardianship of the regularly scheduled court hearings. In other Person (form GC-205-INFO).) cases, the court will grant the guardianship, keep dependency or juvenile justice jurisdiction, and On receipt of a request, the court may order the continue to hold regular review hearings. After it guardian to take action. The court may also order terminates juvenile jurisdiction, the juvenile the guardian to appear and explain actions they court keeps jurisdiction over the guardianship have taken; the court may approve or rescind and can give orders to the guardian. those actions. Any request to change a court order, including a visitation order, or to end the guardianship must be filed in the juvenile court using Request to Change Court Order (form JV-180).

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

STAGE Probate Guardian Juvenile Court Guardian Role of Social A county social worker is responsible for If the dependency or juvenile justice case is kept Worker or screening any proposed guardian and for open after guardianship is granted, the social Probation conducting the guardianship investigation if the worker or probation officer will provide support Officer proposed guardian is not related to the child. to the guardian and child and prepare reports for If the probate court thinks a child who is the scheduled juvenile court hearings. subject of a guardianship petition may be abused If the juvenile dependency or juvenile justice or neglected, it can ask a social worker to case is closed after guardianship is granted, the investigate and file a dependency petition in the juvenile court will continue to oversee the juvenile court before it decides whether to guardianship. Continued involvement by the appoint a guardian. If the social worker files a social worker or probation officer will depend on dependency petition, then the juvenile court will any services and financial support the child have authority over the child’s custody and continues to receive. placement. The probate court case will be put on hold until the juvenile court case is over. After a probate guardian is appointed, no social worker is involved unless the child or guardian receives public financial support or services. Terminating The guardianship automatically terminates (ends) The guardianship automatically terminates when Guardianship when the child turns 18 or if, before turning 18, the child turns 18 or if, before reaching age 18, the child dies, is emancipated by court order, gets the child dies, is emancipated by court order, gets married, joins the armed services, or is adopted. married, joins the armed services, or is adopted. If the guardian, a parent, the child, an Indian The court can terminate the guardianship if it custodian, or the child’s tribe shows that it is in finds that another permanent plan, such as the child’s best interest, the court can end the adoption, is in the child’s best interest. A social guardianship before the child turns 18. The worker or probation officer, the guardian, a longer the child has lived with the guardian, the parent, the child, an Indian custodian, or the harder it is to show that termination is in the child’s tribe can file a request with the juvenile child’s best interest. court to terminate the guardianship. If the child consents, the court can extend a guardianship up to the child’s 21st birthday to let the child complete a federal application for Special Immigrant Juvenile status. Terminating Appointment of a probate guardian suspends Appointment of a juvenile court guardian Parental parental rights, but does not terminate them. suspends parental rights, but does not terminate Rights However, under the Probate Code, if a child has them. A social worker or probation officer, the been living with the guardian for at least two guardian, or the child can file a request with the years, the guardian can file a petition to terminate juvenile court to terminate parental rights and parental rights so that the guardian can adopt the change the permanent plan to adoption. The child. Parents are entitled to appointed counsel if court will hold a hearing to decide whether to this happens. In some situations, specified in the grant the request. Each parent is entitled to notice Family Code, the guardian can ask to adopt the of the hearing, to participate, and to have an child after as few as six months have passed or attorney appointed for them. may need to wait up to three years. If the child is an Indian child, the Indian Child If the child is an Indian child, the Indian Child Welfare Act requires different procedures. Welfare Act requires different procedures.

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