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.
 
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  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).
 
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  PARENTS

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

The process of specifying objectives, evaluating the means for their achievement, and exercising deliberate decision making about appropriate courses of action.
 
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  ELIGIBILITY

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

Instruction so as to make fit, qualified, or proficient in a skill or body of knowledge.
 
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Guardianship Services for Minors
 
Private Org Public Agency  

PA-GSM 7: Pre-Guardianship Services

 
Pre-guardianship services prepare the child, prospective guardian, and birth parents for transfer of custody.
Interpretation: Extended family members may be included in pre-guardianship services if their involvement is culturally or clinically appropriate.
Interpretation: When the case involves an Indian child, resources offered by the tribe or local Indian organizations should be considered.

PA-GSM 7.01

 

Age appropriate services that prepare the child for transfer of custody include:

  1. counseling to understand and cope with separation and family loyalty issues; and
  2. support to cope with changing roles and relationships.

PA-GSM 7.02

 

Birth parents are prepared for transfer of custody through services that include:

  1. education about their legal rights, including visitation;
  2. education about the importance of permanency and a stable home for the child;
  3. planning for participation in the legal process when it is appropriate and desired;
  4. discussion about a visitation plan that is in the best interests of the child; and
  5. discussion of changing roles and relationships.

PA-GSM 7.03

 

Prospective guardians participate in an orientation that includes the following:

  1. the importance of permanency and a stable home for the child;
  2. the impact of guardianship on birth parent rights;
  3. the process for completing the transfer of custody;
  4. their responsibility to maintain a visitation plan and supervise birth parent visitation, as necessary;
  5. circumstances under which guardianship can be terminated or modified, including their right to petition the court; and
  6. the availability of guardianship subsidies and the impact they could have on receipt of federal, state, or tribal benefits.
Interpretation: A guardianship subsidy can be considered income and could impact the child’s eligibility for other benefits such as Medicaid, Supplemental Security Income, or subsidized child care. Agencies should be aware of the regulations in their state and with local tribes.
Interpretation: The orientation should explore the caregiver’s capacity to provide permanency over time for the child. This material can cover the need for additional support; circumstances that may adversely impact the caregiver's ability to care for the child, for example, age or presenting medical issues; and plans for the child if the caregiver is unable to provide care, such as the establishment of a successor guardian. See PA-GSM 8.05 for more information on the establishment of a successor guardian.
Interpretation: The prospective guardian should be fully informed of their right to petition the court to adopt the child at a later time and the impact this will have on birth parent rights. Guardians of Indian children should be informed of alternatives to adoption such as customary adoption.

PA-GSM 7.04

 

Prospective guardians are prepared for the transfer of custody through education, training, information, and support that address the following, as appropriate:

  1. attachment and bonding;
  2. possible impacts of guardianship on the family;
  3. changing roles and relationships, including sibling relationships;
  4. the importance of maintaining connections with the child’s family, community or tribe, as appropriate;
  5. child development and parenting techniques including special considerations for a child’s transition into adolescence;
  6. raising a child of a different race, ethnicity, culture, or religion;
  7. caring for a child with special needs;
  8. helping a child cope with separation and loss;
  9. a history of maltreatment;
  10. financial impact on the family;
  11. issues of independent living; and
  12. available support services.
Update: Revised Standard - 09/01/09
Interpretation: Information about available support services should include an overview of any services that will be lost once the guardianship arrangement is finalized, as well as the availability of services in other states, tribes, or Indian organizations if the family plans on moving out of state in the future.
Interpretation: Pre-guardianship services should be tailored to the age range, cultural background,and needs of the child and adjusted accordingly when the child is already living with the prospective guardian.
Research Note: A preliminary study suggests that the agency consider the readiness of each prospective guardian, rather than relying only on the completion of training or other tasks.
Research Note: Contact with tribal relatives is commonly practiced among tribal communities and is believed to support the child's cultural identity and an improved sense of belonging.
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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.

 
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