What is “Guardianship?”
“Guardianship” is a type of placement plan made by MA DCF when the child is removed from their home and not able to return.
As a part of the guardianship process, a judge appoints a person to be the permanent guardian for a child. This person would then become a caretaker for the child, as they are entrusted with responsibility over the child’s health and welfare.
Usually, MA DCF suggests in the plan that the child’s foster parents be their permanent guardian. It is also common for a child to have a relative or kinship guardian when the child has been living with the relative or kin as a part of their placement plan.
There are cases where the Department’s guardianship plan involves MA DCF recruiting someone to be the child’s guardian. This can happen when the child does not want to be adopted but agrees to get a permanent guardian through guardianship.
Children who are over 14 years of age must give MA DCF and the guardians permission to for the guardianship plan to be put into action.
Can there be Guardianship without Termination of Parental Rights?
A parent’s parental rights do not have to be terminated before a child is appointed a permanent guardian. But a judge still may choose to terminate a parent’s parental rights before appointing the child a guardian.
When a parent’s parental rights have been terminated, they cannot petition for the court to reverse the placement.
When a parent’s parental rights have not been terminated, they can petition for the court to reverse the guardianship.
