22.3 Procedures for Pursuing Guardianship

  1. Discuss prospects of guardianship with the Family Support Team including the child, if age appropriate, birth parent(s) and caretaker(s);
  2. If guardianship appears a viable option, the caretaker family should be directed to consult with legal counsel;
  3. Once the case plan has changed to guardianship, the Children’s Service Worker responsible for case management should notify the Children’s Service Worker responsible for the subsidy immediately to ensure that the subsidy worker has time to negotiate the Legal Guardianship subsidy agreement prior to the award of guardianship
  4. The Children’s Service Worker responsible for the subsidy has the responsibility to meet with the prospective guardian todiscuss services available through guardianship subsidy, including the option to name a successor guardian at the time of the initial subsidy agreement or any amendments thereafter
    1. For the prospective guardian to be eligible for guardianship subsidy, they must be a qualified relative of the child or a qualified close nonrelated person.
      1. Relative is defined as any grandparent, aunt, uncle, adult sibling of the child or adult first cousin of the child, or any other person related to the child by blood or affinity;
      2. Close nonrelated person, is defined as any nonrelated person whose life is so intermingled with the child such that the relationship is similar to a family relationship.
    2. The caretaker family also must comply with all licensing requirements including training, background checks and the home study process.
  5. Once a petition for guardianship has been filed, write a letter of recommendation with rationale to probate court and juvenile court and coordinate with courts, if separate, to ensure child is not without a legal custodian during the transition; and
  6. Continue with services as needed or desired by family and available through agency. Children age 16 and older are eligible to continue Chafee services once the guardianship is completed.

Chapter Memoranda History: (prior to 1/31/07)

Memoranda History: