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Legal Guardianship
Legal Guardianship (LG)
A legal guardian is the individual appointed permanent or temporary guardianship of a child by the Juvenile or Probate Court.
Guardianship is only valid in the state in which the guardianship was granted. If the legal guardian moves out of the state in which guardianship was granted, then guardianship must be obtained in the new state.
Child/Medical Support Referrals
Family Code 17552, EAS 43-105, MPP 31-503,
All parents are required by law to contribute to the support of their children. This requirement continues if the child is placed in a legal guardianship (excluding Kin-GAP) and receives financial assistance from the county. In this case, reimbursement is collected from the parents by the Local Child Support Agency (LCSA).
Usually, youth in Non-Dependent Non-Related Legal Guardianships (NDNRLGs) established by Juvenile Court are former foster care youth who have been placed in guardianship as another planned permanent living arrangement (APPLA). As such, SWs supervise these cases and may determine good cause for child support. Guardianships established in Probate Court are not supervised by SWs therefore, SWs would not make good cause assessments. Until further state guidance is provided, Eligibility Workers will not send any child support referrals for Probate cases.
LGs will complete the CW 2.1 NA and CW 2.1Q for each parent. Refer to Overview for more information.
DFCS Involvement
DFCS classifies NDNRLGs established in Juvenile Court as PP or another planned permanent living arrangement (APPLA). A Social Worker is assigned to manage these cases and is required to contact the child every six months.
Guardianships established in Probate Court are not supervised by SWs.
Dependency/Ward Order
A DFCS/JPD dependency/ward order always takes precedence over a legal guardianship order. If the dependency order is still in effect, Federal Foster Care may be issued to a related or non-related legal guardian for an otherwise eligible child.
Note: A related legal guardian without DFCS dependency or Juvenile Probation wardship will be referred to CalWORKs. Probate Guardianships are not eligible for SCI or Level of Care rates but are eligible for clothing.
Payments
Juvenile Court legal guardianship cases are eligible for LOC, clothing allowance and SCI rates. Probate guardianships are only eligible for the LOC basic rate and clothing.
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