Legal guardianship is more durable but more complex than the transfer of custody to caregivers. Guardianship is most frequently used when relative caregivers wish to provide a permanent home for the child and maintain the child's relationships with extended family members without a termination of parental rights. Caregivers can assume legal guardianship of a child in out-of-home care without termination of parental rights, as is required for an adoption. Subsidized guardianships provide financial assistance to caregivers who assume legal guardianship of a child in out-of-home care. Several 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.
Duties of a Guardian
California Courts (2019)
Outlines the role and responsibilities of legal guardians, including financial and personal obligations.
Grandparents Should Seek Legal Custody or Guardianship
Adcox (2019)
Verywell Family
Describes guardianship for situations where grandparents are raising grandchildren, including why to consider legal guardianship, the rights of guardians, reasons children may be left in grandparent custody, and reasons grandparents may be reluctant to seek guardianship.
Guardianship
U.S. Department of Health and Human Services, Children's Bureau (2019)
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 Assistance Policy and Implementation: A National Analysis of Federal and State Policies and Programs
Casey Family Programs (2018)
Summarizes differences in how guardianship programs are implemented in different States and offers recommendations on how to maximize the use of guardianship as a strategy to achieve stability and permanency for children. The resource reviews eligibility for guardianship assistance as well as fictive kin eligibility for funding.
Guardianship Information by State
Bridging Refugee Youth & Children’s Services (2018)
Explains the relevant terminology, type of court, website, and forms required to obtain legal guardianship in each State.
Guardianship Toolkit
Bridging Refugee Youth & Children's Services
Provides resources for those assisting immigrant and refugee families who are caring for nonbiological children. The webpage also includes a searchable directory that provides basic information about the guardianship procedures in each State.
Kinship Guardianship as a Permanency Option
Subsidized Guardianship – Summary & Analysis
Grandfamilies.org (2017)
Provides a summary of the provisions of the 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.
What Does It Mean to Be a Legal Guardian; Where Can I Find Information?
U.S. Department of Health and Human Services, Children's Bureau (2019)
Presents information about legal guardianship for caregivers, which gives legal rights, custody of the children, and the authority to make decisions concerning the protection, care, education, and more of the children.
State and local examples
Becoming a Guardian
California Courts (2019)
Offers information on becoming a legal guardian in California, including when to talk to a lawyer, the steps to follow to file for legal guardianship, and links to forms and resources.
Guardianship Overview
Delaware Courts (2016)
Reviews guardianship in Delaware, including who can be a guardian, the responsibilities of a legal guardian, the responsibilities of the child's parent after guardianship, and more.
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.
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.
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 (2019)
Provides information about the financial and personal assistance available to kinship caregivers in Vermont.
Site Videos
Quality Improvement Center for Adoption Guardianship Support and Preservation (QIC-AG)
Chronicles the implementation of the QIC-AG permanency continuum framework at eight partner sites around the country, including one Tribe. The videos include the personal accounts of the staff and families that participated in the implementation.