Permanent Guardianship

In some cases, the most appropriate permanent plan for a child may be a permanent guardianship.  Typically, this occurs in cases with older children who may be placed with a relative but have an ongoing relationship with a parent.  An order establishing a permanent guardianship divests the parent of legal custody of the child but does not terminated his/her parental rights.  The court may order approving a guardianship if it finds the following:

	Guardianship is in the child’s best interest
	The child has been adjudicated dependent
	The child has been in the physical custody of the prospective guardian for at least nine months (The court may waive this requirement for good cause.)
	In CPS cases, reasonable efforts were made to reunite the family and further efforts would be unproductive (The court may waive this requirement if reunification services were not ordered or reunification is not in the child’s best interest.)
	The likelihood that the child would be adopted is remote or termination of parental rights would not be in the child’s best interests

The burden of proof is clear and convincing evidence (beyond a reasonable doubt in ICWA cases).

Any party to a dependency proceeding may file a motion for permanent guardianship, and the court may order the motion to be filed if it determines at the permanency hearing that permanent guardianship is the best permanent plan for the child.  The motion must be verified and must set forth the facts and circumstances supporting the permanent guardianship.  The motion and a notice of hearing must be served on all parties pursuant to Rule 5(c) of the Rules of Civil Procedure.  Additionally, a copy of the notice must be provided to the child’s physical custodian, any foster parent with whom the child has resided during the past six months, the prospective guardian, all persons entitled to notice under ICWA, and other persons as ordered by the court.