Permanent guardianship and adoption?

Question

Can someone please explain the deference between permanent guardianship and adoption of children who are your kin, more specifically your siblings; including legal standpoint and benefits that may be available to us and the children?

Answer 1

Permanent guardianship gives the guardian all of the rights and responsibilities of a parent, with a few exceptions (depending on the state you live in). The decree is not a termination of parental rights and a child’s inheritance rights are not affected.

While termination of parental rights together with adoption provides permanency for many children, something not quite so final is the better option for others. For example, the child may be a 15 year old who would prefer to live with his grandparents or other relatives than be adopted. Guardianship is an option in such cases.

Laws vary by state. For example, Oregon has a permanent guardianship status that may only be granted by the juvenile court after it is proven that it is in the best interest of the child that the birth parent should never have physical custody of the child. A birth parent is prohibited from petitioning the court to terminate this permanent guardianship once it is granted.

Almost every state has some form of permanent guardianship, especially for kinship (family) guardians.

The children may be eligible to receive benefits such as medicare and/or public assistance.  You should be able to talk to your department of social services or the children's attorney (if CWS is involved) to get more detailed information for your state & county.  

FYI, you can claim the children as dependents for tax purposes.

Here are some links.

http://www.scselfservice.org/probate/min...

http://www.nacac.org/policy/guardianship...

http://news.adoption.com/out/new-law-let...

http://adopting.adoption.com/child/guard...

http://www.cwla.org/programs/kinship/val...

Hope this is helpful.

Answer 2

There is no permanet guardianship, at least not in the state I live in.  There is temporary guardianship, which means that you are the guardian for the minors for a short period of time, usually while you are going to court to find something more perminate.

If you get full custody and then file to terminate the parental rights of the parents, then you can file for adoption.  Adoption means that it is perminate and the birth parents now have no rights to the child.  Full custody means that the minors are in your care full time and stay in your custody unless the other parent(s) petition to gain custody back.  Parental rights are not terminated if someone else is given full custody.

Answer 3

I know a family that has legal Guardianship of their grand children.  This is set up by the courts and is very specific regarding the birth parents.  In this particular case the birth mom lost custody but has visitations.  This would be similar to a divorced family that has a custody agreement.  Legal custody arrangements can change if it is taken back through the courts.  In an adoption the birth family actually looses all rights (almost as if they never had the child) child's name is changed and a new birth certificate is issued.