(Revision. 11/1/18)
AS 13.26.005 Definitions and Use of Terms
AS 13.26.101 - 186 Guardians of Minors
AS 47.10.089 Voluntary relinquishment of parental rights and responsibilities.
AS 47.10.115 Permanent Fund Dividend
7 AAC 53Child Foster Care Payments, Subsidized Adoption and Subsidized Guardianship Payments
42 U.S.C. 675(5)(C) Definitions (Title IV-E)
Social Security Act 473(d)
To guide the use of guardianship to provide a permanent home for children in custody who are under age 18 and cannot be reunified with their parents.
According to the Federal Fostering Connections Act of 2008, adoption is the preferred permanent plan for children, regardless of age, when Reunification with the parents is not possible.
The court may appoint as guardian any adult whose appointment would be in the best interest of the minor and is consistent with priority given to an Adult Family Member.
A child/youth should be in a finalized guardianship within 18 months of coming into care. The plan for guardianship may be considered for all children in OCS custody who are under age 18 and in a safe and permanent living situation.
Guardianship may expedite timely permanency for a child/youth when it is determined that the child/youth cannot return home, as guardianship finalization does not require a termination of parental rights. For children legally free for adoption, the guardianship should only be considered when in the child’s best interest.
The child must be consulted about the guardianship if they are 14 or older. Information about other permanency options will be provided to the child/youth. A child/youth does not have to agree to the guardianship for a guardianship to be issued by the court if guardianship is in the child’s best interest.
Guardianship is appropriate to explore with the parents, child/youth relatives, extended family members or Fictive kin in all cases when one or more of these conditions apply:
The child is placed with a relative, Extended Family Member or other fictive kin who agrees to parent the child until the child reaches the age of majority and to remain a permanent connection for the child throughout their life.
The prospective guardian has a strong commitment to caring permanently for the child, and the child demonstrates a strong attachment to the prospective guardian.
When the child has a close and positive relationship with the parent, and termination of parental rights is not necessary to provide a secure and appropriate placement for the child. For example, when the parents’ actions or inactions are not the cause of the child being in need of aid, such as if the child is developmentally disabled, delinquent, or otherwise has needs that simply cannot be met by the parents without assistance from the state.
Where the child is an Indian child as defined in the Indian Child Welfare Act (ICWA), the child’s Tribal culture does not acknowledge termination of parental rights as a viable option, and the Tribe has identified and offered an alternative permanent placement plan for the child that is in the child’s best interests.
The child has a sibling(s) who will not be the subject of termination proceedings, and it is not in the best interest of the child to separate from the other sibling(s).
The child desires a guardianship plan, and the birth parents agree. Or, if they do not agree, are not likely to interfere with the guardianship plan.
The child must have lived with the prospective guardian for at least six months to qualify for a guardianship subsidy.
If the prospective guardian is not a relative, extended family or fictive kin, the eligibility for guardianship subsidy will be determined to be a State Guardianship with no Medicaid benefits.
The guardianship homestudy should be referred to expedite the guardianship finalization as soon as OCS is ready to proceed with finalizing the guardianship. The guardianship homestudy is only valid for one year; referral should only occur if the family is ready to proceed to avoid the family having to complete more than one homestudy.