ACL 09-09: Relative Caregivers and Permanency Options (2/23/09)

Notice of changes brought about by AB 298 regarding how legal guardianship for a relative is considered as a permanency placement option. 1) a relative caregiver’s preference for legal guardianship over adoption, unrelated to an unwillingness to accept legal or financial responsibility for the child, cannot be the sole basis for recommending the removal of a child from the relative caregiver for adoptive placement; 2) requires that a relative caregiver be given information regarding the options of guardianship and adoption. To “ensure consistency” the state has provided an optional form; 3) changes the order of preference for permanent placement of the child. The the second option, after that of termination of parental rights, is now appointing the relative caretaker the legal guardian; 4) requires the court, under certain circumstances, to not terminate parental rights if the child is living with a relative who is unable or unwilling to adopt the child, unrelated to an unwillingness to accept legal or financial responsibility for the child, but who is willing to be the legal guardian, when removal of the child would be detrimental; 5) changes to the report that the county must prepare. [Download]