What is a juvenile court guardianship?

Legal guardianship is a court order saying that a certain adult—someone who is not the child’s parent—is in charge of taking care of the child.[2468] Guardians have many of the same legal rights and responsibilities as parents do while the guardianship is in place. They can make decisions about where the child lives, the child’s health care, and where the child goes to school.[2469]

Remember! In California, there are 2 kinds of legal guardianships: (1) probate guardianships and (2) juvenile dependency guardianships.

Many guardianships are set up through the probate court, not in juvenile dependency court. If your child is NOT a dependent of the juvenile court, you may want to read about probate guardianships on PG.  748. NOTE: A guardian who was appointed through dependency court has the same responsibilities as a guardian appointed in probate court, although they do not have an automatic duty to provide status reports to the court at least once a year. Guardians through dependency court still have the following responsibilities.

A guardian through dependency court is responsible for the following for the dependent child:

    Health care: You can make medical decisions for the child. You can give permission for most medical and dental treatments, and for counseling or therapy.
    Education: You can choose the child’s school and learning program. If he/she needs special education, you can work with the school to write an individualized education program (“IEP”).
    Social services: You can get help for the child from programs such as Head Start, Regional Centers (for children with developmental disabilities), California Children’s Services (for children with physical disabilities or certain medical conditions), and after-school programs.
    Residence: You can decide where the child lives.[2470]
    Financial support: You can choose to support the child by yourself; or, if you want help, you can ask for welfare, foster care payments, or other help.[2471]
    Marriage: You and the court must give permission for the child to get married if he/she wants to do so while under 18.
    Armed forces: You can give permission for the child to join the armed forces if he/she is under 18.
    Driver’s License: You can give permission for the child to apply for a driver’s license. You’ll have to pay for any damage if he/she gets in an accident, and you must get insurance to cover the child. If you change your mind, you can sign a form at the Department of Motor Vehicles (DMV) to cancel the child’s license.
    Misconduct: You can be sued for money damages if the child does something wrong.
    Other responsibilities: The judge can ask you to take on other responsibilities. For example, the judge can set up visits for the child with his/her parents or sisters/brothers.
  1. 2468

    California Courts, Juvenile Court Guardianship http://www.courts.ca.gov/1206.htm

  2. 2469

    California Courts, Juvenile Court Guardianship http://www.courts.ca.gov/1206.htm

  3. 2470

    But note: if you move to a different city in California, you have to tell the court in writing; and if you want to move out of California, you need the court’s permission.

  4. 2471

    Your county may also try to get child support from the child’s parents. In a guardianship, parents still have a legal duty to support their child financially.