	Guardianship Services for Minors

Introduction

Administration and Management

Service Delivery Administration Standards

Service Standards

PA-GSM 5: Assessment

The agency conducts an individualized, strengths-based, culturally-responsive assessment to:

identify present and future needs of the child and prospective guardian; and
determine the child’s eligibility for available guardianship subsidies.

Research Note: Subsidized guardianship is the transfer of custody to a private caregiver or guardian who is provided with a monthly subsidy for the care and support of the child. Several states have begun using subsidized guardianship as a tool to expedite permanency for children who are in the child welfare system, and for whom reunification with birth parents or adoption are not viable options. As of December 2006, 39 states and the District of Columbia offer some form of a subsidized guardianship program. Currently, in Montana, state subsidies are available for children in both state and tribal custody. There also can be similar funds available to Indian children through tribal monies; however, the number of tribes offering such subsidy is unknown. Workers should familiarize themselves with subsidies available to the children and families with whom they work.

Research Note: Tribal representatives, or individuals with knowledge of the tribe and tribal customs, should be involved in the assessment whenever possible and appropriate. Their familiarity with the child’s culture can improve the quality of the assessment by ensuring that it is culturally grounded and involves the family and tribal community.

PA-GSM 5.01

The information gathered for assessments is limited to material pertinent to meeting service requests and objectives.

PA-GSM 5.02

Assessments are conducted in a strengths-based, culturally-responsive manner to identify resources that can increase service participation and support the achievement of agreed upon goals.

Interpretation: Culturally-responsive assessments can include attention to geographic location, language, political status, tribal affiliation, and religious, ethnic, and cultural background. Other important factors that contribute to a responsive assessment include attention to age, sexual orientation, and developmental level.

Research Note: When working with undocumented children it is particularly important that the guardianship worker assess the child for their potential eligibility for Special Immigrant Juvenile Status (SIJS). Minors under 21 years-of-age who are involved in guardianship proceedings through the probate court may be eligible for SIJS if (1) they cannot be reunified with either parent because of abuse, neglect, or abandonment, and (2) it isn’t in the child’s best interest to be returned to their home country. SIJS allows the child to remain in the United States and eventually obtain lawful permanent residency. It also provides an employment authorization document allowing the child to work and serving as a government-issued identification card.

PA-GSM 5.03

The agency identifies Indian children and collaborates with the tribe or Indian organization to:

determine the applicability of, and ensure compliance with, the Indian Child Welfare Act;
determine jurisdiction;
assess the child's needs;
provide the family with information regarding their rights under the Indian Child Welfare Act;
determine the most appropriate plan for the child; and
maintain connections between the child and his or her tribe.

Interpretation: If the tribe is unknown, the agency should document efforts to identify the tribe and notify the regional office of the Bureau of Indian Affairs.

Interpretation: The agency should have established procedures for identifying Indian children that do not depend on the child’s physical appearance.

Note: Evidence of tribal participation should be documented in the case record.

Research Note: The Indian Child Welfare Act authorizes states and federally recognized tribes to enter into agreements governing the care and custody of Indian children and jurisdiction over child custody proceedings. Agencies should refer to tribal-state agreements and the Indian Child Welfare Act to determine what role each party should play in cases involving Indian children, and to ensure compliance with relevant legal requirements.

PA-GSM 5.04

To ensure the receipt of necessary services, the child, prospective guardian, birth parent, and extended family as appropriate, participate in a comprehensive assessment to determine the:

risk of present or future behavioral, health, mental health, or substance use conditions;
availability of formal and informal supports; and
necessary level of agency involvement and post-permanency services.

Interpretation: Personnel conducting assessments should be qualified through education, training, and experience to identify risk factors associated with behavioral, health, mental health, and substance use conditions. A comprehensive psychosocial assessment to identify the presence of such conditions must be conducted in a culturally competent manner by a licensed professional qualified to make the diagnosis.

When the case involves an Indian child, the licensed professional conducting the assessment should be identified or approved by the tribal community. If an approved, licensed professional is not available, the tribal community may identify a non-licensed professional to conduct the assessment to ensure that it is culturally appropriate and involves the family and tribal community.

Note: Refer to the Assessment Matrix for additional Comprehensive Basic Assessment criteria. The elements of the matrix can be tailored according to the needs of specific individuals or service design.

Research Note: In several states, the services that will be paid for throughout the life of the guardianship arrangement depend heavily on the initial assessment and service plan. Therefore, it is essential that any risk of future behavioral, health, mental health, or substance use conditions be identified early to establish that guardianship is the best option given available resources and to make services more accessible in the future.

PA-GSM 5.05

Information is collected to determine the child’s eligibility to receive state-funded guardianship subsidies.

Research Note: In states with no subsidized guardianship programs, or subsidy programs where the rate is lower than foster care, there is a disincentive to move to permanency given the perceived loss of financial resources to care for the child. States where the guardianship subsidy is equal to what the family received in foster care can more effectively achieve permanency through guardianship.

NA The state does not have a subsidized guardianship program.

PA-GSM 5.06

Assessments are completed in timeframes established by the agency.

QUICK JUMP TO


	PURPOSE: Guardianship Services for Minors support the establishment of a court-appointed, long-term, living arrangement with a committed caregiver that ensures safety and increases stability and child well-being.

RELATED FILES


	SERVICE One or more organization-operated programs or activities that have a common general objective and deploy the organization's material and human resources in a planned and systematic manner. An organization that publicly promotes or identifies itself in writing as offering a service, is licensed to deliver a service, assigns personnel and/or space to a service, or allocates financial resources to a service is considered to offer that service.


	CAREGIVER The provider of physical, emotional, and social needs to another person, often dependent and unable to provide for his or her own needs. Caregiver is the generic term used for the direct service providers in Community Care and Support Services (CCS).


	ASSESSMENT An evaluation, which utilizes professional expertise and skills in the collection and analysis of data to understand and describe the nature of service needs of an individual, family, or group. Assessment, as in needs assessment, is also used to determine priorities of program planning and service development for the organization as a whole. See also DIAGNOSIS.


	ELIGIBILITY The degree to which an individual, family, group, or community meets the specific criteria and qualifications required to receive goods, benefits, or services.


	CUSTODY The care, control, and maintenance of a child. The court legally can award custody to an agency in abuse and neglect cases or to parents in divorce, separation, or adoption proceedings. Child welfare departments retain legal custody and control of major decisions for a child in foster care; foster parents do not have legal custody of the children for which they provide care.


	PARENTS Parents can include: birth, foster, kinship, and adoptive parents. Please see service standards for more specific information about use of this term.


	PROGRAM A system of services offered by an organization. For example, an organization providing a mental health service may offer several mental health programs to different populations, e.g., a mental health program for adolescent teens. The word "program" can be used interchangeably with the word "service" or to describe specific programs.


	CULTURE The customs, habits, values, skills, technology, beliefs, and religious, social, and political behaviors of a group of people in a specific period of time.


	QUALITY In this context, the extent to which contemporary and generally recognized standards for professional practice are met and exceeded, and desirable service outcomes achieved.


	FAMILY Two or more people who consider themselves family and who assume obligations, functions, and responsibilities generally essential to healthy family life. Child care and child socialization, income support, long-term care, and other caregiving are among the functions of family life. The definition of "family" will rest with an individual's indication of who plays a family member role, including current or former foster family, adoptive family, extended family members, fictive kin, or significant others. Organizations that believe family is the central constellation in a child's life, and that family attachments are of primary importance for human development, will strive to work with professional staff to develop a common understanding of "family."


	COMMUNITY A specific group of people living in the same locality and who may share a common culture, values, and norms. Communities can also be defined by race, religion, ethnicity, age, occupation, political status, tribal affiliation, interest in particular problems or outcomes, or other common bonds. The term "community" encompasses worksites, schools, tribes, residential neighborhoods, business districts, recreational areas, and health and human service sites.


	OBJECTIVE A sub-goal stated in operational terms, i.e., a statement that makes clear what expected results are to be measured or assessed.


	IMMIGRANT An individual not born in the United States, Puerto Rico, or an outlying US territory, who migrates from his/her country of nationality or any country in which they last habitually resided and chooses to seek a better economic, social or religious life abroad. Immigrants, and children of immigrants, can be citizens, Legal Permanent Residents "a step toward naturalization as a US citizen" or non-citizens, either legal or undocumented without legal status.


	INDIAN ORGANIZATION As defined in ICWA, "Any group, association, partnership, cooperation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians."


	INDIAN CHILD As defined in the Indian Child Welfare Act (ICWA), "Any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe." For purposes of compliance with ICWA, the definition provided in the Act shall apply. For purposes of access to services and resources, other more inclusive definitions may apply (e.g. Indian Education Act, tribal definitions, etc.).


	CASE RECORD A written compilation that describes the client and the services delivered. Records can be in hard copy and/or electronic format. The case record can be used as a source of information for quality improvement or other evaluation activities, for research purposes, or to demonstrate accountability to funding bodies.


	CASE A general term used to designate clients (including individuals, families, and groups) served by an organization for purposes of monitoring the provision of services. A foster care case is generally based on the placement of an individual child, although casework for the child may include services to the child's family. A child protective services case is based on an entire family household if a family assessment model is used; otherwise a case is defined as a child.


	PERSONNEL The body of employees and/or volunteers that carries out the organization's tasks under the organization's administration and/or supervision. This definition does not include foster parents who are specifically referenced in relevant standards


	TRAINING Instruction so as to make fit, qualified, or proficient in a skill or body of knowledge.


	PSYCHOSOCIAL ASSESSMENT A type of professional assessment that describes the summary judgment derived from a multidimensional evaluation of psychological, sociocultural, and environmental factors that are components of a presenting problem. It includes results of tests and evaluations, brief expressive descriptions of the problem, an inventory of actual and potential assets and resources, the prognosis, and analysis of what is needed or planned to resolve the problem. A psychosocial assessment is also called a psychosocial diagnosis


	DIAGNOSIS The process by which a social, physical, or mental health problem and its underlying cause are identified and a plan of action formulated toward resolution of the problem. The diagnostic process involves collection and analysis of relevant information. See also ASSESSMENT.


	SERVICE PLAN A written plan of action based on the assessment of consumer needs and strengths that identifies problems, sets goals, and describes a strategy for achieving those goals and engaging in joint problem solving with the consumer. Also known as a "treatment plan".