Guardianship Regulations for Foster Parents

In order to understand the legal relationship between a foster parent and foster child, it is necessary to understand the foster parent-child process and evolution of the foster parenting relationship. In states, the goal of the foster parent program is to re-unite the child with his or her natural parents or parents.

At the outset, of foster care, the decisions affecting a child placed in the program are managed and overseen by the court. Usually, the child is removed from the natural parent because the court deems the child’s safety to be at risk.

The court prefers that a family member of extended family member or close friend step forward to provide a safe environment and care for the child. In many states, this type care is called “kinship care.”

When a family member or friend does not come forward, the kinship care is lost and the court places the child in a foster care program which often includes a period of time in the care of the state.

From Foster Care to Guardianship

During the foster care, the court will order natural parents to correct the safety risks that caused the separation. Some comply, some do not. Occasionally, natural parents correct the root cause only to fail over time. Drug abuse and alcohol abuse are prime challenges for many parents and are not overcome easily. There is always the potential for relapse and the court will closely monitor the situation.

The court usually allows the struggling parent visitation privileges. The visitation could be supervised if the natural parent is non-compliant and the court feels poses a risk to the child. Often, the natural parent can retain their parental rights even if on a visitation schedule.

However, if the social services department witnesses continued breaches of the court order, the foster parent’s responsibilities and legal rights will gradually increase and transition from foster parent to guardianship.

Foster parents must always remember that their role is an emergency stop-gap that is implemented when the child’s safety so at risk. 50 percent of foster children are re-united with their natural parents. Until the foster parent is awarded guardianship, the foster parent must also comply with court orders, appearances and oversight.

When the court is convinced that the natural parents are not acting in the best interested or safest interests of the child, the foster parents can be award guardianship privileges. Guardianship greatly alters the foster parent’s legal status and their ability to make decisions that affect the child.

Guardianship

If the foster parents decide to pursue guardianship, a more permanent solution, they must initiate the process. Under guardianship, the state relinquishes control of the child to the legal guardian(s).

The legal guardianship commences with a petition filed by the foster parents to the court. Foster parents who have established a relationship with the child and who have complied with court requirements usually receive preference in guardianship contests. When the guardianship is awarded, the guardians can make all decision regarding the child and can act without court involvement.