WHAT IS LEGAL GUARDIANSHIP FROM FOSTER CARE?
GUARDIANSHIP
If reunification with birth parents or adoption are no longer options for a child/youth in foster care, legal guardianship is another way for a child/youth to find a permanent home. Guardianship is considered when the child/youth’s best interests are to stay connected to their birth parents and extended family, and permanency cannot be achieved another way.
GUARDIANSHIP VS. ADOPTION: THE DIFFERENCES
FFA of NC Guardianship Statement: Foster Family Alliance of North Carolina strives to ensure that foster and kinship care families are educated regarding processes that affect them and children in their care. Guardianship vs. adoption is one subject we have identified where parents struggle to understand the meaning and ramifications involved. Below are some facts regarding guardianship to help you make an informed decision.
Gives the foster or kinship parent the responsibility to act as a substitute parent of child/ren.
The foster or kinship parent assumes the responsibility parents would have financially and emotionally, ensuring basic necessities are provided and child/ren are receiving proper education.
Does not necessarily relinquish the rights of the birth parents over the child/ren.
There are many forms of guardianship, some of which still allow birth parents to be involved in decisions.
Usually requires birth parents continued financial support of the child/ren.
Birth parents may be granted visitation rights.
May be revoked at any time if the birth parents show evidence of being able to adequately care for the child/ren and the birth parents can prove before the court that the guardian is unfit or unable to care for the child/ren .
Should the birth parent/s attempt to gain custody of the child/ren, the guardian is responsible for obtaining legal counsel and the financial commitment that goes with that.
Financial support can be provided, learn more here. Childcare assistance, Medicaid and a stidend are all possible.
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POSITION STATEMENT
Foster Family Alliance of North Carolina does not view guardianship as being a permanent solution for kids in foster care. Guardianship does not give the child permanency as the birth parents still have rights and can overturn the decision. All cases should be completed for a final decision that is in the best interest of the child/ren. There are a few instances where guardianship would be acceptable. One instance would be if parents’ rights have been terminated and the child/ren are over 14 years old and have made the decision that they do not want to be adopted. In this case, guardianship will help provide stability to the youth, which is our goal as foster parents. Another instance would be child/ren in kinship care. In these cases, there are specific family issues that should be considered when making the decision as well as the facts provided above.