4340. Guardianships

Original Date: February 2004

Revised Date: June 15, 2024

Sunset Review Date: June 30, 2028

Approved by: Natalie Green, Assistant Secretary of Child Welfare

Purpose

The purpose of this policy is to provide guidance on the use of subsidized and unsubsidized guardianships as a permanent plan for dependent children or youth.

Scope

This policy applies to child welfare employees.

Laws

Chapter 11.130 RCW Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

RCW 11.130.010 Definitions

RCW 13.34.130 Order of disposition for a dependent child, alternatives-Petition seeking termination of parent-child relationship-Placement with relatives, foster family home, group care facility, qualified residential treatment program, or other suitable persons-Placement of an Indian child in out-of-home care-Contact with sibling

RCW 13.34.145 Permanency planning hearing-Purpose-Time limits-Goals-Review hearing-Petition for termination of parental rights-Guardianship petition-Agency responsibility to provide services to parents-Due process rights

RCW 13.34.232 Guardianship for Dependent Child

RCW 13.34.234 Guardianship for Dependent Child and Dependency Guardianship Subsidies

Chapter 13.36 RCW Guardianship

RCW 74.13.031 Duties of the Department

RCW 74.13.280 Client information

Policy

Caseworkers must:
1. Hold shared planning meetings (SPM) before permanent plans of guardianship are considered for dependent children or youth. This includes discussing both the chapter 13.36 RCW guardianship and the chapter 11.130 RCW guardianship of a minor using the Permanency Planning Matrix DCYF CWP_0088 publication with the child’s or youth’s parents and caregivers, as an alternative to termination of parental rights (TPR) and adoption.
2. Follow the Placement Moves policy when considering moving children or youth placed with relatives or suitable others.
3. Not vacate guardianships or accept Voluntary Placement Agreements (VPA) for the purpose of making children or youth eligible for foster care or Extended Foster Care (EFC).
DCYF may subsidize guardianships based upon eligibility requirements.

Procedures

Considering Guardianships
Caseworkers must complete the following when considering a guardianship for dependent children or youth as their permanent plan:
1. Conduct a SPM prior to making permanency planning recommendations.
2. During the SPM:
  1. Follow the steps in the Guide to Shared Planning Meetings DCYF CWP_0070 publication.
  2. Discuss and consider the following permanent plan options using the Permanency Planning Matrix DCYF CWP_0088 publication:
    1. Return home
    2. Chapter 13.36 RCW guardianship
    3. Chapter 11.130 RCW guardianship of a minor
    4. Chapter 26.33 RCW adoption
  3. Consider the following factors when determining whether guardianship should be selected as the child or youth’s permanent plan:
    1. Reunification is not likely within the next three months.
    2. Guardianship rather than adoption is in the child or youth’s best interest.
    3. The continued relationship between the parent and child or youth is beneficial to the child or youth and would not disrupt the stability of the guardianship.
    4. The child or youth will have been placed in the proposed guardian’s home at least six consecutive months prior to the guardianship being established.
    5. Proposed guardians:
      1. Are available to make a commitment to the child or youth until adulthood with the intention of a lifelong commitment.
      2. Have a completed home study recommending placement. If a home study has not been referred follow the Placing with and Supporting Unlicensed Relatives and Suitable Persons policy.
    6. Youth age 12 or older have been:
      1. Consulted regarding the guardianship.
      2. Notified of potential benefits and limitations using the Permanency Planning Matrix DCYF CWP_0088 publication.
    7. Youth age 14 or older have provided consent to the guardianship by completing the Consent to Guardianship DCYF 09-021 form.
    8. A sibling is in the same placement and the permanent plan for the sibling is guardianship.
    9. A parent is incarcerated.
  4. Document on the Shared Planning Meeting DCYF 14-474 form in FamLink the:
    1. Discussion about both types of guardianship with the children’s and youth’s parents and caregivers as an alternative to TPR and adoption.
    2. Reasons why a guardianship is in the child or youth’s best interest.
    3. Proposed guardian’s:
      1. Commitment to be a permanent home for the child or youth.
      2. Ability to maintain the child or youth’s existing connections to family, friends, and community.
      3. Agreement with the plan of guardianship with the child or youth.
    4. Permanency Planning Matrix DCYF CWP_0088 publication was provided and discussed with the proposed guardian, the parents, and youth if appropriate.
    5. Notification was provided to the proposed guardians of the requirements to receive guardianship subsidy per the Guardianship Assistance Program (GAP) and Extended Guardianship Assistance Program (EGAP) policy.
3. If the child is an Indian child consult with the tribe or Indian Child Welfare Local Indian Child Welfare Advisory Committee (LICWAC)
Obtaining the Proposed Guardian’s Agreement with the Plan of Guardianship
After the SPM process recommends guardianship as the permanent plan for the child or youth, caseworkers must complete the following either at the SPM or within seven calendar days after the meeting:
1. Discuss and document the following was explained to the proposed guardian on the Shared Planning Meeting DCYF 14-474 form or in a case note in FamLink:
  1. The differences between:
    1. Chapter 13.36 RCW guardianship, Chapter 11.130 RCW guardianship of a minor, and adoption using the Permanency Planning Matrix DCYF CWP_0088 publication.
    2. Subsidized and unsubsidized guardianships. For proposed guardians:
      1. Eligible for subsidy, provide eligibility and information outlined in the GAP and EGAP policy.
      2. Not eligible for subsidy, e.g. unlicensed relatives or unlicensed suitable persons, provide them with information on potential benefits and the process to request benefits through the Economic Services Administration Community Service Office.
  2. The following services are not available under a guardianship, including but not limited to:
    1. Mileage reimbursement
    2. Travel reimbursement
    3. Respite care
    4. Clothing vouchers
    5. Child care
    6. Case aid services
    7. Tutoring
    8. Case management services
    9. Educational support
    10. Parent-child visitation support
  3. Once the guardianship is established, the child or youth is no longer in foster care and all DCYF-funded services, including case management and EFC, are no longer available.
  4. They may request additional services through community resources, Family Voluntary Services, Family Reconciliation Services, or referrals to other DCYF services. Available services are dependent on program eligibility criteria.
2. Obtain verbal agreement that the proposed guardian supports the plan of guardianship and document in FamLink in either the:
  1. Shared Planning Meeting DCYF 14-474 form.
  2. Case note.
3. Notify the Assistant Attorney General (AAG) when guardianship is determined to be the permanent plan for children or youth and which one of the following types of guardianship was chosen:
  1. Chapter 13.36 RCW through the dependency court.
  2. Chapter 11.130 RCW where the family will consult with their attorney or superior court for requirements in the county where the guardianship will filed.
Finalizing Guardianship as the Permanent Plan
1. Caseworkers must complete the following after the SPM process recommends the plan of guardianship, and the proposed guardian is in agreement:
  1. For subsidized guardianships, follow the GAP and EGAP policy for proposed guardians who are relatives.
  2. Collaborate with the proposed guardian and the child or youth’s parents to establish a visitation plan.
  3. Follow the Consent Decision Tree DCYF CWP_0006 publication to determine when youth consent is required.
  4. Provide guardianship disclosure to the proposed guardian, including but not limited to:
    1. Medical and dental records
    2. Court reports
    3. Educational records
    4. Evaluations and assessments
    5. ICW information
  5. Complete section one of the Acknowledgement of Children’s or Youth’s Guardianship Disclosure DCYF 09-027 form and:
    1. Request guardians sign acknowledging they received disclosure for the guardianship child or youth.
    2. Provide disclosure through one of the following:
      1. Encrypted USB and password to be documented on the Acknowledgement of Children’s or Youth’s Guardianship Disclosure DCYF 09-027 form.
      2. Hard copy either:
        Picked up at DCYF office.
        Hand delivered to the proposed guardian.
        Certified mail.
  6. If the proposed guardians request information beyond the scope of routine disclosure authorized by RCW 74.13.280, as outlined in Procedures Section 3.a.iii. and iv. caseworkers must attempt to obtain parent or guardian consent using Consent for Release of Information DCYF 14-012 form. If parent or guardian consent is not obtained, caseworkers must:
    1. Request a court order to release the disclosure not authorized by Procedures Section 3.a.iii. and iv. If the court does not authorize the release of the additional disclosure by court order.
      1. Complete section two Acknowledgement of Children’s or Youth’s Guardianship Disclosure DCYF 09-027 form.
      2. Obtain proposed guardian’s signature to verify they want to proceed with the guardianship without the additional requested disclosure. If they:
        Don’t sign the form, do not proceed with the guardianship and contact the supervisor and AAG.
        Sign the form:
        Provide the proposed guardian a USB with the routine disclosure, as authorized by RCW 74.13.280 and outlined in Procedures Section 3.a.iii. and iv.
        Document the password on the Acknowledgement of Children’s or Youth’s Guardianship Disclosure DCYF 09-027 form.
  7. Document the following in a FamLink case note:
    1. The date disclosure was provided to the proposed guardian.
    2. How the disclosure was provided to the proposed guardian, e.g., USB or hand delivered.
  8. Provide supervisors with the guardianship packet that includes the:
    1. Guardianship Approval Checklist DCYF 15-324 form.
    2. Signed Declaration of Proposed Guardian court document.
  9. Discuss with supervisor if proposed guardian no longer agrees with the permanent plan of guardianship.
2. Supervisors receiving the guardianship packet must complete the following:
  1. Review the packet for approval.
  2. Complete the Guardianship Approval Checklist DCYF 15-324 form. If:
    1. Approved, send the form and attachments to the area administrator (AA).
    2. Denied, return the form to the caseworker with the reason for the denial.
3. AAs receiving the guardianship packets must:
  1. Review the packet for approval.
  2. Complete the Guardianship Approval Checklist DCYF 15-324 form. If:
    1. Approved, send the form and attachments to the regional administrator (RA).
    2. Denied, return the form to the supervisor with the reason for the denial.
4. RAs or designees receiving the guardianship packets must:
  1. Review the packet for approval.
  2. Complete the Guardianship Approval Checklist DCYF 15-324 form. If:
    1. Approved, send the form and attachments to the caseworker.
    2. Denied, return the form to the AA with the reason for the denial.
5. Caseworkers must complete the following after obtaining approval from the supervisor, AA, and RA or designees on the Guardianship Approval Checklist DCYF 15-324 form:
  1. Submit requests to file a guardianship petition to the AAG that includes the:
    1. Signed Declaration of Proposed Guardian court document.
    2. Proposed visitation plan.
  2. Contact the AAG to request the court dismiss the dependency after the guardianship order is filed in court.
GAP and EGAP Subsidized Guardianships
Caseworkers must follow the GAP and EGAP policy when a guardianship subsidized through GAP or EGAP is established.
Unsubsidized Guardianships
Caseworkers must complete the following when an unsubsidized guardianship is established:
1. Terminate the following in FamLink on the date the guardianship is finalized:
  1. All services, DCYF case management, placement, and payment.
  2. Child placing agency (CPA) case management and borrowed foster home services for families licensed by CPAs.
2. Update the following in FamLink within seven calendar days of receipt of the dependency dismissal from the court:
  1. Legal using the Legal FamLink Training Guide.
  2. Placement.
3. Close the case using the How to Close a Case in FamLink Guide.
4. Send closed hard-files to the Records Imaging Unit per the DCYF Administrative 13.06 Records Management and Retention policy.
Dependency Guardianships Established Prior to June 10, 2010
Caseworkers assigned to RCW 13.34.232 dependency guardianship cases established prior to June 10, 2010:
1. Must allow youth ordered into dependency guardianships to request to participate in the EFC Program.
2. Must allow dependency guardianships to remain open for subsidy or services payments, but must close the guardianship when the youth reaches 18 years of age.
3. May convert RCW 13.34.232 dependency guardianships to Chapter 13.36 RCW guardianships, when the guardian and DCYF agree.
4. Must not provide additional services on converted Chapter 13.36 RCW guardianships.
Notices to Terminate Guardianships
Caseworkers receiving notices to terminate guardianships must consult with the AAG and headquarters guardianship program manager within seven calendar days of receiving notice of a petition to terminate the guardianship.

Forms

Acknowledgement of Children’s and Youth’s Guardianship Disclosure DCYF 09-027 (located in the Forms repository on the DCYF intranet)

Consent for Release of Information DCYF 14-012

Consent to Guardianship DCYF 09-021 (located in the Forms repository on the DCYF intranet)

Guardianship Approval Checklist DCYF 15-324

Shared Planning Meeting DCYF 14-474

Resources

DCYF Administrative 13.06 Records Management and Retention policy

How to Close a Case in FamLink Guide (located on the DCYF intranet under Computer Help, IT Services, DCYF Applications & Software, Application Training, Child Welfare, AFCARS & Case Closure, How to Close a Case in FamLink)

Extended Foster Care (EFC) Program policy

Family Reconciliation Services policy

Family Voluntary Services policy

Guardianship Assistance Program (GAP) and Extended Guardianship Assistance Program (EGAP) policy

Guide to Shared Planning Meetings DCYF CWP_0070 publication

Indian Child Welfare Casework Activities for Court Proceedings policy

Indian Child Welfare Local Indian Child Welfare Advisory Committee (LICWAC) policy

Legal FamLink Training Guide (located on the DCYF intranet under Computer Help, IT Services, DCYF Applications & Software, Application Training, Child Welfare, Legal, Legal Training)

Permanency Planning Hearings-Timelines policy

Permanency Planning Matrix DCYF CWP_0088 publication

Placement Moves policy

Placing with and Supporting Unlicensed Relatives and Suitable Persons policy

Pre-Adoption Services and Adoption Finalization policy

Shared Planning Meetings policy

Termination of Parental Rights (TPR)-Compelling Reasons policy

Voluntary Placement Agreements (VPA) policy

Washington State Superior Courts (use Google Chrome browser)