There are two types of Guardianships for Children;
-Probate Guardianship-
This type of Guardianship is handled by the Superior Court -Probate Department
In these guardianships, the child lives with the person who is the guardian. That person, typically a family member, decides that a formal court guardianship is necessary and petitions the Court to become the guardian. The parents of the child are unable to care for the child for a variety of reasons: a serious illness, military duty in another country, drug or alcohol addiction, incarceration, or even death.
Unlike Juvenile Dependency Court, the Probate Court does not terminate parental rights. The parents may, however, request visitation or file a petition for the Court to terminate the guardianship. The guardian also can file a petition for termination of a probate guardianship and so can a child if he or she is 12 years old or over. The Judge will then decide, after an investigation, whether it is in the best interests of the child to continue the guardianship or to terminate it.
The Guardianship Process begins when a petition for probate guardianship is filed, a court investigator goes to the home where the child resides to interview the petitioner’s and view the living arrangements, including the parents if they are available. Many times parents believe the guardianship is in the of their child(ren) and voluntarily agree to it. The Probate Court also checks to see if the guardian or any other adults in the household has a criminal background or has been involved in child abuse or neglect. The investigator writes a confidential report for the Judge and gives a copy to the attorney assigned to represent the minor child.
A probate guardianship of the person may be appointed so that a guardian can take care of the physical, emotional, and educational needs of a child. A probate guardian of estate may be established when a child has assets, will inherit assets, or is the beneficiary of a deceased parent’s insurance policy. Most guardianships are of the person only. In some cases, there is a guardianship of both person and estate.
-Juvenile Dependency Court Guardianship-
The second type is connected with theJuvenile Dependency Court;
In these cases, a child has been removed from the home by a Child Protective Services social worker because there is information that the child is being neglected, abused, or is in danger. The child then lives in a licensed home while a number of court actions take place. One of the actions is to try and reunify the child with his or her parents. If reunification is not successful, a guardian may be appointed for the child. Relatives or friends may be appointed to serve. The guardianship usually continues to exist until the child turns 18.