What is guardianship?

Guardianship means that the court appoints you as the child’s legal guardian. It differs from adoption because the birth parents’ rights do not have to be terminated in order to appoint a guardian. When you are appointed guardian of the child, DCFS will not be involved in the care, supervision or legal custody of the child. However, the court will retain jurisdiction until the child reaches the age of 18. As guardian, you assume the rights and responsibilities to make decisions in matters having an effect on the life and the development of the child. Families becoming guardians of children in the care of DCFS may receive subsidies that include financial assistance, as well as services and resources described in detail on pages 13-14.

Guardianship lasts until the child reaches the age of 18 years. The permanency options of return home and adoption must have been ruled out for a child to be considered for guardianship. The child’s parent(s) may consent to the guardianship arrangement and if they do not consent, they will be given notice of their opportunity to object in court unless their parental rights have been relinquished or terminated.

Who is eligible for guardianship? 

Guardianship can be considered for children who have been living in the home of a licensed relative foster family for a period of six consecutive months. The relative home must have been licensed for the entire six month period. The goals of return home and adoption must also have been ruled out prior to pursuing a goal of guardianship. 

The child should have a strong attachment to the potential guardian and the guardian should have a strong commitment to the child. Children of all ages may be considered for guardianship if they have lived with a licensed relative foster family for six months. Siblings who otherwise would not be eligible for guardianship may also qualify if they have a brother or sister in the same home that does meet the criteria. 

For children living with foster families that are not relatives, with documentation and approval, DCFS could determine that subsidized guardianship is in the best interest of a child who is 14 years or older. The child 14 years and older must also have been living with the licensed non-relative for a period of six consecutive months for the guardianship to be considered. 

There is a sibling exception for the siblings who otherwise would not be eligible for guardianship, if they live in the same house as a brother or sister who is eligible for guardianship. However, the exception only applies for siblings living in relative foster homes.

What is subsidized guardianship? 

In 1996, the State of Illinois received special permission from the federal government (called a waiver) to institute a subsidy for guardians in certain circumstances. Subsidized guardianship means that you become the permanent legal guardian of the child in your care as described above and the state contributes financial assistance (a subsidy) for the care of the child. The subsidy continues until the child reaches 18, or 19 if still in high school. The department may continue the agreement until the child’s 21st birthday if it determines that the child has a physical, mental or emotional disability that is “chronic,” thus warranting the continuation of assistance. 

Experiences of guardianship families in Illinois and the early pilot subsidized guardianship resulted in federal legislation called the Fostering Connections to Success and Increasing Adoptions Act of 2008. This legislation ended the waiver demonstration project and launched the program KinGAP (Kinship Guardianship Assistance Payment) which Illinois implemented in November of 2009. 

Important differences of KinGAP from the original waiver program:

1. KinGAP is available to any child in licensed, relative homes, while the Subsidized Guardianship waiver randomly selected children to be in a demonstration group to be eligible for subsidized guardianship, regardless of the licensing status of the proposed guardian; 
2. a child must have lived in a licensed relative home for six consecutive months versus the 1 year requirement of the subsidized guardianship waiver, which had no licensing requirement; and 
3. KinGAP is restricted to relative homes according to the federal government, however, Illinois is making an exception for youth 14 years of age and older to be considered for guardianship with licensed non-relatives.

Section 7, Page 10