Kinship Guardianship as a Permanency Option

This publication reviews State laws and policies that allow a family member or other person with close ties to a child who has been placed in out-of-home care to become that child's permanent guardian. Guardianship has emerged as a permanency option for a child who has been placed in out-of-home care as it creates a legal relationship between a child and caregiver that is intended to be permanent and self-sustaining and can provide a permanent family for the child without the necessity of terminating the parents' parental rights. The child can maintain family connections while gaining the stability of a permanent home with a relative caregiver who has demonstrated a commitment to caring for the child. A guardian's rights and duties, approving a guardianship home, modifying or revoking a guardianship, and kinship guardianship assistance are among the issues addressed. This publication presents a general overview of this aspect of child welfare law. Summaries of laws on this topic for all individual States and U.S. territories are available from the State Statutes Search page.

This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.