The choice between adoption or conservatorship to a relative or suitable individual also depends on:
• the possibility or availability of suitable relatives or others who could be approved;
• whether parental rights can be or have been terminated;
• the desires of the child: and
• the interested family’s preference for a particular legal relationship with the child.
If CPS cannot overcome barriers to adoption by a relative or fictive kin, the next best option is permanent managing conservatorship by relatives or fictive kin. Permanency care assistance may be available if a relative or fictive kinship caregiver meets the eligibility requirements and subsequently becomes managing conservator of the child.
See 1600 Permanency Care Assistance and 6660 Kinship Caregivers Interested in Becoming Verified as Foster Parents.
Granting permanent conservatorship to an unrelated individual is the next best option when CPS has ruled out:
• adoption by a relative or fictive kin;
• permanent conservatorship to a relative or fictive kin; and
• adoption by an unrelated person.
For a discussion about the differences between adoption and permanent managing conservatorship, see the brochure Adoption or Permanent Managing Conservatorship. Also consider 6683 [sic, broken link] Ruling Out Family Reunification and Adoption Before Pursuing Permanency Care Assistance.
For issues concerning adoption assistance and transferring permanent managing conservatorship to a caregiver, see 1711.8 Permanent Managing Conservatorship When Adoption Assistance Is Not Available.
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