Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Guardianship Pamphlet Form. This is a California form and can be use in Juvenile Judicial Council.
Loading PDF...
Tags: Guardianship Pamphlet, JV-350, California Judicial Council, Juvenile
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.
11
2
[JV-350]
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.
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.
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.
3
10
B
[JV-350]
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 legal guardian, it is important to discuss the availability of
government assistance with your attorney,
if you have one, or the social worker.
Aid To Families With Dependent Children Foster
Care (AFDC-FC) Payments
Although state and federal AFDC Foster Care payments may
be available to a foster child living with a relative, they are
not available to a child living with a related legal guardian. If the relative foster parent had been receiving AFDC
Foster Care payments for that child before becoming the
legal guardian, those payments will stop when the guardianship is granted. Any other aid or services that were
available because of participation in the foster care program may also end.
Aid To Families With Dependent Children Family
Group (AFDC-FG) Benefits
A child living with a relative legal guardian may be eligible to receive AFDC Family Group Benefits. These benefits
generally are much less than the monthly AFDC Foster
Care payments. If a relative foster parent receives AFDC
Family Group benefits for the relative's family, these
payments may increase slightly if the relative becomes the
legal guardian of the child.
4
9
[JV-350]
2001 © American LegalNet, Inc.
P Child's Misconduct
A guardian, like a parent, is generally liable only for
harm resulting from a child's willful misconduct. The
law often limits the amount of a guardian's liability
for a child's willful misconduct. In some situations
a guardian may also be liable for a child's negligent
misconduct. A legal guardian should check with an
attorney if concerned about possible liability.
P Support of Child
Although parents remain legally responsible for the
child's support, often the guardian voluntarily accepts
this responsibility. Guardians may be able to receive
government benefits.
P Additional Responsibilities
In addition to these responsibilities, the judge may
ask the guardian to agree to other special conditions
concerning the child's welfare. For example, the judge
may ask the guardian to follow specific visitation
orders between the child and the child's parents.
DIFFERENCE BETWEEN GUARDIANSHIP
AND LONG-TERM FOSTER CARE
The legal responsibilities of a guardian are much
greater than those of a foster parent. Guardianship
can add long-term stability to the child's life. It is a
formal commitment made between the child and the
guardian. Guardianship may affect the amount of
government assistance a child living with a relative
guardian receives.
A foster parent's main duties are to furnish food, housing, and nurturing to a child under the foster parent's
care. The foster parent is always under the supervision of the child welfare agency. Long-term foster care
means the continued involvement of the child welfare
agency and the court.
The court may dismiss the dependency when guardianship is granted. In these cases the court will no
longer be involved.
5
8
C
[JV-350]
2001 © American LegalNet, Inc.
RIGHTS AND RESPONSIBILITIES OF
LEGAL GUARDIANS
Guardians in general must provide for the care,
custody, control, and education of the child. There
are some specific rights and responsibilities. These
include the following:
RIGHTS
P Child's Residence
You have the right to decide in what community the
child will live. If the child moves to a different community in California all you have to do is notify the
court in writing. However, there is a limit to this right.
If you plan to move the child outside of California,
the court must give approval before the child leaves
the state. Different states have different rules regarding guardianship. If you plan to move out of state
you should seek additional information.
P Medical Care
The guardian can give consent to medical treatment
for the child. However, for any surgery that is not an
emergency, when a child 14 or older objects, the
guardian must first get court approval. The law also
allows older and more mature children to obtain some
medical treatment based only upon the child's consent. This is true whether parent or guardian has
custody of the child. Some of these situations include
outpatient mental health treatment, medical care for
the prevention or treatment relating to pregnancy or
a sexually transmitted disease, and drug and alcohol
treatment.
P Education
The guardian can choose the child's school and
educational program just as a parent can. In special
situations the court may also be involved in this decision. A legal guardian can request special services
from schools, regional centers, or any other service
providers.
P Marriage
Both the court and the guardian must give consent
to a child's marriage.
P Armed Services
A guardian may consent to the child's enlisting in the
armed services.
P Driver's License
A guardian may consent to the child's obtaining a
driver's license. (See responsibilities listed below.)
RESPONSIBILITIES
Along with the above rights, the guardian has several
responsibilities for the child. While this list of responsibilities may seem great, it is important to keep in
mind that parents have the same responsibilities for
their child.
P Child's Driving
In order for a child to get a driver's license, the guardian must give written consent. When signing the
Department of Motor Vehicles (DMV) application, the
guardian agrees to be responsible for any civil
damages that result from the child's driving. The
guardian is responsible for both the child's negligent
and willful acts when driving.
However, the law limits the amount of damages for
which a parent or guardian can be liable. The law
requires anyone signing the DMV application to get
insurance to cover the child driver. The guardian, just
like any parent, can withdraw consent at any time.
This is done by filing a form with the DMV asking
that the child's license be cancelled.
7
6
[JV-350]
2001 © American LegalNet, Inc.