§7.11 Guardianship

If you find that terminating parental rights or adoption is not in the child’s best interests or that termination will be detrimental to the child, you may appoint a legal guardian at the .26 hearing and issue letters of guardianship. [WIC §366.26(b)(2), (4); CRC 5.725(e)(6), (g), 5.735(d)(1); see forms JV-320, JV-330.]

You must consider legal guardianship before foster care if it is in the child’s best interests and a suitable guardian is found. You may not order a guardianship, however, if it requires moving the child from capable caretakers who do not wish to assume a guardianship role, and removal would seriously impair the child’s emotional well-being. [WIC §366.26(c)(4); CRC 5.725(e)(6).]

You may appoint as guardian a relative who is unable to adopt the child due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, and removal of the child from the relative’s custody would be detrimental to the child’s emotional well-being. [WIC §366.26(c)(1)(A).]

A child who is 10 or older must be asked to identify any adults who are important to him or her in order for the agency to investigate and for you to determine whether any of these adults would be appropriate legal guardians. Other children may be asked as appropriate. [WIC §§366.26(c)(4)(A), 366.35; CRC 5.725(e)(6).]

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If you appoint a guardian for the child, all educational rights transfer to the newly appointed guardian, unless you determine that the guardian is not able to act in the child’s best interests regarding education. [CRC 5.650(e).]

If you terminate a guardianship, your court resumes dependency jurisdiction, and you should order the department to develop a new permanent plan. [WIC §366.3(b)] The department does not need to provide reunification services, and you are not required to find that adequate services were provided before you terminate a guardianship. [In re Carlos E. (2005) 129 CA4th 1408, 1418–1419.]