skip to body
Skip to main content
  • U.S. Department of Health & Human Services
  • Administration for Children & Families
  • Children's Bureau
Child Welfare Information Gateway
REPORT ABUSE OR
NEGLECT
FIND HELP WITH A
PERSONAL SITUATION   

Home Topics Publications Library State Resources More Tools & Resources News & Events
REPORT ABUSE OR
NEGLECT
FIND HELP WITH A
PERSONAL SITUATION   
  • About Us
  • Contact
  • Chat
  • Free Subscriptions
  • Resources in Spanish
  • About Us
  • Contact
  • Chat
  • Resources in Spanish
  • Shopping Cart
  • Home
  • Topics
    • Family-Centered Practice
      • Philosophy and Key Elements of Family-Centered Practice
      • Family-Centered Practice Across the Service Continuum
      • Engaging Families
      • Family-Centered Casework Practice
      • Family Group Decision-Making
      • Engaging Communities to Support Families
      • Creating a Family-Centered Agency Culture
    • Child Abuse & Neglect
      • Definitions of Child Abuse & Neglect
      • Identification of Child Abuse & Neglect
      • Risk Factors That Contribute to Child Abuse and Neglect
      • People Who Engage in Child Abuse or Neglect
      • Impact of Child Abuse & Neglect
      • Child Abuse & Neglect Fatalities
    • Preventing Child Abuse & Neglect
      • National Child Abuse Prevention Month
      • Overview: Preventing Child Abuse & Neglect
      • Promoting Child & Family Well-Being
      • Public Awareness & Creating Supportive Communities
      • Child Abuse and Neglect Prevention Programs
      • Developing & Sustaining Prevention Programs
      • Evidence-Based Practice for Child Abuse Prevention
      • Evaluating Prevention Programs
    • Responding to Child Abuse & Neglect
      • Introduction to Responding to Child Abuse & Neglect
      • Reporting Child Abuse and Neglect
      • Assessment in Child Protection
      • Differential Response in Child Protective Services
      • Child Protection Casework Practice
      • Responding to Child Maltreatment Near Fatalities and Fatalities
      • Trauma-Informed Practice in Child Welfare
      • Collaborative Responses to Child Abuse & Neglect
    • Supporting & Preserving Families
      • Supporting Families With Mental Health and Substance Use Disorders
      • Introduction to Family Support and Preservation
      • In-Home Services Involved With Child Protection
      • Family Support Services
      • Resources for Managers of Family Support and Preservation Services
      • Family Preservation Services
    • Out-of-Home Care
      • National Foster Care Month
      • Overview
      • Foster Care
      • Group and Residential Care
      • Kinship Care
      • Casework Practice in Out-of-Home Care
      • Transition to Adulthood and Independent Living
      • Placement Decisions
      • Resources for Foster Families
    • Achieving & Maintaining Permanency
      • Overview
      • Reunifying Families
      • Recruiting and Retaining Resource Families
      • Permanency With Relatives and Kin
      • Guardianship
      • Permanency for Specific Populations
      • Legal and Court Issues in Permanency
      • Interjurisdictional Placements
      • Working With Children, Youth, and Families in Permanency Planning
      • Working With Children, Youth, and Families After Permanency
      • Resources for Administrators and Managers About Permanency
      • Resources for Families About Permanency
    • Adoption
      • National Adoption Month
      • Children's Bureau Adoption Call to Action
      • All-In Foster Adoption Challenge
      • Adoption and Guardianship Assistance by State
      • Introduction to Adoption
      • Ethical Issues in Adoption
      • For Adopted People
      • For Adoption Program Managers & Administrators
      • For Expectant Parents Considering Adoption and Birth Parents
      • How to Adopt
      • Laws Related to Adoption
      • Parenting After Adoption
      • Postplacement Adoption Casework Practice
      • Preplacement Adoption Casework Practice
      • Search & Reunion
    • Management & Supervision
      • Administering & Managing Child Welfare Agencies & Programs
      • Child Welfare Practice Improvement
      • Disaster Preparedness & Response
      • Ethical Practice & Client Rights
      • Evaluating Program and Practice Effectiveness
      • Funding
      • Information Systems & Data
      • Supervising Child Welfare Services
      • System Reform
      • Training
      • Workforce
    • Systemwide
      • Assessment
      • Behavioral Health & Wellness
      • Courts
      • Cultural Responsiveness
      • Diverse Populations and Communities
      • Domestic Violence
      • Human Trafficking
      • Laws & Policies
      • Service Array
      • Statistics
      • Well-Being
      • Youth
  • Publications
    • Publications Series
    • Browse by Topic
    • Browse by Title
    • índice de Títulos en Español (Spanish Title Index)
  • Library
    • Search Our Library
    • Library Policy
  • State Resources
    • State Statutes
    • National Foster Care & Adoption Directory
    • State Guides & Manuals Search
    • State-Related Organizations Lists
    • Adoption and Guardianship Assistance by State
  • More Tools & Resources
    • Related Organizations
    • Learning Center
    • Resources From the Children's Bureau
      • Children's Bureau Discretionary Grants
      • Children's Bureau Timeline
      • Children's Bureau Video Series
      • The Children's Bureau Legacy: Ensuring the Right to Childhood
      • The Story of the Children's Bureau
    • Child Welfare Information Gateway Podcast Series
    • Multimedia
      • Videos
      • Webinars
    • Family Engagement Inventory
  • News & Events
    • Adoption Triad
    • Free Subscriptions
    • Children's Bureau Express (CBX)
    • The Grantee Connection
    • New on Information Gateway
    • New From the Children's Bureau
    • Event Calendar
  • Home
  • Topics
  • Achieving & Maintaining Permanency
  • Guardianship

Guardianship

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

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 1,710KB)
Year Published
2019
Reviews State laws and policies that allow a family member or other person with close ties to a child who has been placed in out-of-home care to become that's child's permanent guardian. Guardianship has emerged as a permanency option for a child who has been placed in out-of-home care as it creates a legal relationship between a child and caregiver that is intended to be permanent and self-sustaining and can provide a permanent family for the child without the necessity of terminating the parents' parental rights. A guardian's rights and duties, approving a guardianship home, modifying or revoking a guardianship, and kinship guardianship assistance are among the issues addressed. Summaries of relevant laws for all States and U.S. territories are included.

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. 

(Back to Top)

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.

(Back to Top)

Spotlight On

Title IV-E Guardianship Assistance
Children’s Bureau (2018)

Post-Adoption and Guardianship Support Services in Your State

AdoptUSKids 

Related Content

Permanency With Relatives and Kin

Kinship Guardianship as a Permanency Option

Children’s Bureau

Child Welfare Information Gateway is a service of the

  • Children’s Bureau
  • Administration for Children and Families
  • U.S. Department of Health and Human Services.
↑ Back to top
  • HOME
  • TOPICS
    • Family-Centered Practice
    • Child Abuse & Neglect
    • Preventing Child Abuse & Neglect
    • Responding to Child Abuse & Neglect
    • Supporting & Preserving Families
    • Out-of-Home Care
    • Achieving & Maintaining Permanency
    • Adoption
    • Management & Supervision
    • Systemwide
  • National Initiatives
    • National Adoption Month
    • National Child Abuse Prevention Month
    • National Foster Care Month
  • Publications
    • Publications Series
    • Browse by Title
    • Browse by Topic
    • Índice de Títulos en Español
  • Library
    • Search the Library
  • State Resources
    • State Statutes
    • National Foster Care & Adoption Directory
    • State Guides & Manuals
    • State Related Organizations Lists
    • Adoption Assistance by State
  • More Tools & Resources
    • Related Organizations
    • Learning Center
    • Children's Bureau Resources
    • Family Engagement Inventory
  • NEWS AND EVENTS
    • New on Information Gateway
    • New From the Children's Bureau
    • Free Subscriptions
    • Event Calendar
  • ABOUT US
    • How to Report Child Abuse or Neglect
    • Find Help With a Personal Situation
    • Frequently Asked Questions
    • Glossary
    • Search A to Z
  • Contact Us
    • 1-800-394-3366
    • info@childwelfare.gov
    • Subscribe to Free Updates
    • Chat With Us
  • Follow us on Facebook
  • Follow us on Twitter
  • Follow us on YouTube
  • POLICIES & HELPFUL LINKS
    • Disclaimer and Policies
    • Privacy Policy
    • Accessibility
    • FOIA requests
    • No FEAR Act data
    • Office of the Inspector General
    • Performance reports
    • Vulnerability Disclosure Policy
    • USA.gov
    • Download Acrobat Reader
  • ↑ Back to top