FAQ: What Does It Mean When Relatives Are Guardians Of Children In A Different Foster Family?

What does guardianship mean in foster care?

Guardianship is a legal term, denoting when someone is appointed by a court order to be the legal guardian of a minor. Essentially, if a biological parent is deemed by the courts to be unable to take care of a child, all of the rights and privileges of a biological parent are transferred to the appointed guardian.

What is kinship guardian?

Kinship Legal Guardianship, or KLG, is a court-ordered plan for placing a child permanently in the care of a someone with close ties to his/her biological family when the child’s birth parents are unable to provide proper care.

What does family with guardian mean?

A family guardian is a person who is chosen or appointed by the court to act as a guardian for child or minor who requires guardianship. Once the biological parent(s) are able to resume care of the child, custody of the child may be transferred back to the parents.

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Are foster parents guardians?

Guardianship foster care To meet the long-term needs of a child in care, a relative, kinship carer or foster carer may apply to become a guardian through an application to the Children’s Court for a Guardianship order.

Does guardianship override parental rights?

The guardian must continue to serve in the role until the guardianship is terminated pursuant to a court order. So, while the parents’ rights will not be terminated by the appointment of a guardian, a guardianship can override parental rights to the extent ordered by the court.

What are foster parents not allowed to do?

They cannot take the children away from their local area without prior permission, and cannot instigate any kind of activity which might be perceived by the Local Authority as not in their best interests.

What is kinship payment?

A fortnightly payment paid to eligible relative and kinship carers for children in their care. The care allowance is provided by the NSW Government to help address the costs of caring for a child.

At what age does kinship payments stop?

How long does a Kinship Care Order last? Kinship Care Orders continue until the child reaches 16, unless there is a new court action. In exceptional circumstances, a Section 11 order can continue beyond the age of sixteen.

Can a guardian be a relative?

A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians. The guardian is responsible for the child’s care, including the child’s: Food, clothing and shelter. Safety and protection.

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Do you get money for being a guardian?

The Guardianship Allowance At this time guardians receive an allowance that is paid at the same rate as the Carer Allowance. The allowance is intended to cover the typical costs of day-to-day care such as food, clothing, schooling, travel, recreation and general medical costs.

Do you get paid for being a legal guardian?

When appointed by the court, a guardian makes decisions for the ward to ensure that the ward’s medical, social and emotional needs are met. Generally, a guardian is entitled to reasonable compensation. A guardian is generally paid an amount which is not more than five percent of the ward’s yearly income.

How does guardianship affect parental rights?

When Guardianship Rights Supersede Parental Rights In such a case, the parental rights are not really terminated. Rather, the rights are put on hold until the court deems it appropriate to reinstate them. During this period, the guardian will be responsible for making all of the major decisions about the child’s life.

What’s the difference between legal guardian and foster parent?

Key difference: A foster parent is a person who has been deemed responsible enough to take care of a child in the foster care system. A guardian is someone who is legally responsible for the child, and can make decisions on their behalf, at least in the eye of the law.

How long does a parent have to get their child back from foster care?

If the child remains in foster care for 15 out of 22 months, in most cases, the law requires the child welfare agency to ask the court to terminate parental rights (end the legal parent/child relationship). During this 15-month period, however, States are required to work to bring parents and children back together.

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What is the difference between special guardianship and fostering?

Unlike long term foster care, special guardianship gives you parental responsibility, and takes the child out of the care system (which the child may welcome) – meaning no more reviews, supervision, record keeping and placement plans – but may also mean a reduction in the financial support for you as their carer.

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