Guardianship 624-05-15-115-20

(Revised 7/1/2025 ML #3928)

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The Adoption and Safe Families Act of 1997, (Title IV-E of the Social Security Act) recognizes guardianship as a permanency option for children for whom the child and family team have made the determination that guardianship is the most appropriate permanent placement option.

Legal guardianship means a judicially created relationship between child and caretaker. This is intended to be permanent and self-sustaining by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decision making. This can be accomplished without termination of parental rights. (See: N.D.C.C. 27-20-48-1 and N.D.C.C. 30.1-27.).

The Department has two guardianship assistance programs: the state funded guardianship assistance program and the federal IV-E guardianship assistance program. There are different eligibility requirements for each program that are detailed throughout ND DHHS Service Chapter 623-11 “Guardianship Assistance Program”.

Families have the option to pursue guardianship without funding support from the guardianship assistance programs.

 

When to Select the Goal of Guardianship:

  1. An identified family has maintained stable placement of the child.

  2. Parents are making progress toward reunification, however due to length of time in care, it would be appropriate to provide relative with legal authority of the child without agency involvement.

  3. Parental rights cannot be terminated. The court may determine termination of parental rights is not appropriate.

    1. ICWA applies and the tribe is not in agreement of a termination of parental rights.

When Not to Select This Goal:

  1. An adoption offers a more permanent and stable option for the child.

    1. The agency should also consider the child's age.

How to Implement this Goal:

The agency should assess the family’s ability to care for the child long term and their role/ability in managing the impending danger threats without agency involvement. This is reflective of ND Child Welfare values of honoring family autonomy. Agencies should only impose control if the family cannot do it on their own. The agency can provide the family with resources to obtain the guardianship if it cannot be obtained in juvenile district court. There are funds available to families through Kinship ND to obtain the guardianship on their own. When the goal of Guardianship has been added, the agency can utilize the ND Post Adopt Services to assist in supporting the family unit.