California > Judicial Council > Juvenile
Guardianship Pamphlet JV-350 - California
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ADDITIONAL INFORMATION You can get more information about these programs from your child's social worker or your local child welfare agency. The following is a list of local helpful telephone numbers: GUARDIANSHIP PAMPHLET (FOR GUARDIANSHIPS OF DEPENDENT CHILDREN OF THE JUVENILE COURT UNDER WELFARE AND INSTITUTIONS CODE SECTIONS 366.25 AND 366.26) This pamphlet gives basic information to individuals thinking about becoming a legal guardian of a child who has been declared a dependent of the juvenile court. This pamphlet explains how to become a guardian of these children and discusses the basic rights, duties, and obligations of a legal guardian of a dependent child. This pamphlet is for general information only. If you want additional information or have specific questions, you may want to consult with an attorney. JV-350 Form Adopted by the Judicial Council of California JV-350 [Rev Jan. 1, 2001] Mandatory Form A 2001 © American LegalNet, Inc. WHAT IS A LEGAL GUARDIAN? A legal guardian is a person who is given the legal authority and responsbility to care for a child. A guardian may be related or unrelated to the child. HOW TO BECOME A LEGAL GUARDIAN OF A CHILD WHO HAS BEEN DECLARED A DEPENDENT OF THE JUVENILE COURT The juvenile court hears all matters related to a child who is a dependent of the juvenile court. In some cases, the juvenile court decides that children who have been declared dependents by the court cannot be returned safely to their parents. This decision can occur six, twelve, or eighteen months after children are removed from their parents. The child welfare agency will prepare and give to the court a report recommending a permanent plan. At this time, the court is required to make an alternate permanent plan for each child. If the court decides that the child cannot go home, the court will order adoption, guardianship, or long-term foster care as the best plan for the child. HOW A LEGAL GUARDIAN MAY BE REMOVED Any person with an interest in the child's welfare may ask the court to have the guardian changed. A child who is 14 years or older has the right to ask to have the guardian changed. The judge will look to see if the guardian's duties have been performed properly. The judge will consider what is in the best interest of the child. A guardian can ask the court for permission to resign. TERMINATION OF A LEGAL GUARDIANSHIP Unless terminated by court order, a guardianship ends when the child turns 18, is adopted, marries, or legally becomes emancipated. 2 [JV-350] 11 2001 © American LegalNet, Inc. WHEN GUARDIAN IS NOT RELATED In California if the child is not related to you, you can receive the same benefits whether you are the child's foster parent or legal guardian. If the child moves to another state, California will stop making payments. In addition, the other state may not offer the same assistance. Aid To Families With Dependent Children Foster Care (AFDC-FC) Payments A legal guardian who is not related to the child may get AFDC Foster Care payments and other foster care services. If an unrelated foster parent of a child has been receiving AFDC Foster Care payments, the same payments will continue after becoming the child's legal guardian. The child's eligibility for this program will be evaluated every six months. Other Available Financial Assistance There may be additional benefits available that do not depend on whether the child is related to the legal guardian. Medi-Cal benefits are available for any child eligible for AFDC. A child who has other sources of income may also qualify for Medi-Cal benefits. In the event that AFDC benefits are not allowed, the child may be eligible for Social Security benefits, Supplemental Income (SSI), or other government assistance. You as a relative, foster parent, or interested party may be considered as a potential legal guardian. Foster parents have the right to attend all hearings or to provide any information they feel is important for the court to know. The appointment is made only after a court hearing and only after you have given your consent. There are various legal forms you will have to complete. The child welfare agency will study and write a report on your home situation before you are appointed. You will receive notice of the court hearing and, of course, have a right to be present at the hearing and to talk to the judge. The child's parents or other interested parties will have an opportunity to give their opinion on your appointment as guardian. LEGAL PROCESS Guardians are appointed after a court hearing. These hearings may or may not be contested by parents or other interested parties. If the court decides that the proposed guardianship is reasonable and necessary, an order of guardianship will be made. 10 [JV-350] 3 B 2001 © American LegalNet, Inc. DIFFERENCE BETWEEN GUARDIANSHIP AND ADOPTION Guardianship suspends the rights and responsibilities of the birth parents. A child may still inherit from the parents if a guardianship exists. The court may order visitation with the parents or other relatives as a part of its decision. While a guardian has the same responsibility as a parent to care for and control a child, a guardian can be removed or the guardianship itself can be terminated by court order. A guardianship usually ends when the child becomes an adult at 18 years, but you always remain the parent of your adopted child. Adoption ends all rights and responsibilities between the birth parents and the child, including inheritance and visitation rights. The legal relationship with all other relatives will also end. When you adopt a child, your legal relationship with that child is the same as with a child born to you. An adopted child becomes your own child in all respects. Since adoption is the most permanent plan for a child, it is often the preferred plan. There are government programs (adoption assistance) that can provide financial help and services for children with special needs who are adopted. You may want to discuss this option with your social worker or attorney. FINANCIAL ASSISTANCE AND RESOURCES Legal guardians may be able to get public assistance. How much assistance depends on the child's own eligibility and the child's relationship to the guardian. WHEN GUARDIAN IS RELATED A relative who wishes to become a legal guardian may be able to get financial help. If the relative is already receiving aid for the child, guardianship may reduce the amount of aid. Before becoming a leg
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