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You are here: Families & Children > Juvenile Dependency (Abuse & Neglect) > Juvenile Court Guardianship
| ALERT! There are 2 kinds of guardianships in California. Most guardianship cases are in probate court. If the child in your case is NOT a dependent of the juvenile court, go to the Guardianship (Probate Court) section of the Self-Help Center. |
This section tells you about:
- A guardian's rights and responsibilities;
- How to become the guardian of a child with a case in juvenile court.
Click on a question below:
What is legal guardianship?
What is the difference between guardianship and adoption?
Who are legal guardians?
What rights and responsibilities does a legal guardian have?
How do I become the guardian for a child in juvenile court?
What will the juvenile court do?
Can guardians get financial help?
| ALERT! This information is general. Talk to a lawyer for help with your case. Click here for help finding a lawyer. |
What is legal guardianship?
Legal guardianship is a court order that says someone who is not the child's parent is in charge of taking care of the child. Legal guardians have a lot of the same rights and responsibilities as parents. They can decide where the child lives and goes to school, and they can make decisions about the child's health care.
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What is the difference between guardianship and adoption?
Guardianship is not the same as adoption. A guardianship just gives custody of a child to the guardian. Guardianship doesn't take children away from their parents forever. Parents must continue to support their children financially in a guardianship. And, in a guardianship, children can inherit money or get social security benefits from their parents. The children in a guardianship are still related to their parents. The court can let the parents or relatives visit with the children in a guardianship.
Guardianship can last until the child turns 18. Or the court can end a guardianship and give the child back to the parents, or choose a new guardian.
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Who are legal guardians?
A guardian doesn't have to be a relative of the child. Guardians can be:
- Grandparents,
- Sisters and brothers,
- Aunts and uncles,
- Other relatives,
- Foster parents,
- Friends of the family, or
- Someone else who knows the child.
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What rights and responsibilities does a legal guardian have?
Guardians are responsible for:
Health Care
You can make medical decisions for the child. You can give permission for most medical and dental treatments, and for counseling or therapy.
But if it's not an emergency, children over 14 can't have surgery unless they agree or you get permission from the court. Sometimes you need permission from the court to give the child certain medicines.
Education
You can choose the child's school and learning program. Pay attention to how the child does in school and meet with the teacher. If the child needs special education, work with the school to write an individualized education program (IEP). Click here for more information about special education.
Social Services
You can get help for the child from programs like:
Head Start,
Regional Centers (for children with disabilities),
California Children's Services (for children with disabilities), and
After-school programs.
Where the Child Lives
You can decide where the child lives. If you move to a different city in California, you have to tell the court in writing.
If you want to move out of California, you have to get permission from the court. Different states have different laws about guardianship. Find out about guardianship laws in the state you want to move to.
Financial Support
Even if there is a guardian, the parents must support their child financially.
As guardian, you can choose to support the child by yourself, or if you want help, ask for welfare, foster care payments, or other help. The county may try to get child support from the parents.
Click here to go to Can guardians get financial help?
Marriage
You and the court must give the child permission to get married.
Armed Forces
You can give permission for the child to join the armed forces.
Driver's License
You can give the child permission to apply for a driver's license. You will have to pay for any damages if the child gets in an accident. You must get insurance to cover the child. If you change your mind later, you can sign a form at the Department of Motor Vehicles  (DMV) to cancel the child's license.
Child's Misconduct
Like a parent, you have to watch how the child behaves. You can be sued for damages if the child does something wrong. Talk to a lawyer if you are worried about this.
Other Responsibilities
The judge can ask you to agree to other responsibilities. For example, the judge can set up visits for the child with the parents or sisters and brothers.
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How do I become the guardian for a child in juvenile court?
Think about the responsibilities you will have. If you decide to be a guardian, talk to the social worker or probation officer in charge.
Or write a letter to the juvenile court judge. The letter should say:
- Your name and address,
- Your relationship with the child,
- How long you have known the child, and
- Why you want to be the child's guardian.
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What will the juvenile court do?
It depends on what the child's case is about, what the child needs, and how far along the case is.
For example, for abuse or neglect cases:
If someone wants to be a guardian right away, the child may not need to have a juvenile court case.
If the parents agree, the judge can choose a guardian and dismiss the case.
After a child is taken away from the parents, there are hearings at least every 6 months while the court is involved. Sometimes the court will choose a guardian at one of these hearings. The social worker tells the court what they think is best for the child.
Delinquency cases can work in the same way:
The court decides where to put the child. If the child can't live with the parents, the court can choose a guardian. The probation officer tells the judge what he or she thinks is best for the child and the protection of the public. What is best may be juvenile hall, a foster home, a group home, or another plan for the child. A guardianship may not be best for the child.
If the judge chooses you as guardian, you'll get a copy of the court order after the hearing. You'll need to go to the court clerk to get certified Letters of Guardianship (Juvenile) (form JV-330). The Letters of Guardianship are your proof that you are the child's guardian. Make copies of the Letters of Guardianship and keep the original in a safe place. You'll need it to get medical care, sign the child up for school, etc.
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Can guardians get financial help?
There are different kinds of financial help you can get:
Welfare: If you are related to the child, you can get welfare even if you don't need the money. You can also get welfare if you aren't related but you need financial help.
Foster care payments: Some guardians can get foster care payments. These pay more money than welfare.
Kin-GAP (Kinship Guardianship Assistance Payment Program): You can get Kin-GAP if you are related to a child in a dependency case. This pays the same amount of money as foster care payments.
SSI (Supplemental Security Income): If the child has a disability, he or she may be able to get SSI or state disability benefits. You can use this money to take care of the child.
Medi-Cal: Guardians can get Medi-Cal for the child and for themselves if they are needy and are related to the child.
Ask the social worker or probation officer what help you can get. If you want to adopt the child, ask about the Adoption Assistance Program .
Note: If the child gets welfare, foster care payments, or Kin-GAP, the county may try to get child support from the parents.
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Last modified: 03/17/2008
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