GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

Notice of the hearing on a petition for appointment of a probate guardian must include a copy of this form. 

 California court can order care, custody, and control of a child transferred from a 
parent to another caregiver in a variety of cases. This form compares juvenile court 
and probate guardianship cases. In juvenile court, a foster parent, sometimes called a 
resource family, is a temporary caregiver. A guardian is a “permanent” caregiver. A 
probate court can also appoint a guardian, using different procedures and standards. 
The three charts in this form compare the rights and duties, available services and 
supports, and court processes in juvenile court and probate guardianship cases. 

Charts in this form 
1.  The Rights and Duties of Different Types of Caregivers, at pages 2–4 

Compares foster parents/resource families with probate guardians and juvenile 
court guardians 

2.  The Services and Financial Support Available to Different Types of 

Caregivers, at pages 5–8 
Compares foster parents/resource families, probate guardians, and juvenile court 
guardians 

3.  How a Guardian Is Appointed and What Happens Afterward, at pages 9–11 

Compares probate guardians with juvenile court guardians 

For more information on 
probate guardianship of the 
person, see Information on 
Probate Guardianship of the 
Person (form GC-205-INFO). 
For information on probate 
guardianship of the estate, see 
Information on Probate 
Guardianship of the Estate 
(form GC-206-INFO). For 
more information on juvenile 
court guardianship, see 
Information on Juvenile Court 
Guardianship (form 
JV-350-INFO).  

  A

 

CAUTION: This form does not replace legal advice from a lawyer. Parents, potential caregivers, and potential guardians 
should consult a lawyer for answers to questions or concerns about their specific situation. Click this link, 
www.courts.ca.gov/selfhelp-findlawyer.htm, for help finding a lawyer. 

Starting a case in probate court or juvenile court 
A probate guardianship case begins when a private person files a petition to appoint a guardian. A juvenile dependency 
case begins only if the child welfare agency files a petition. However, a private person can ask the agency to file a 
petition. If the agency does not, that person can ask the juvenile court to order the agency to file a petition. Even if the 
agency files a petition, the juvenile court can deny it if the child doesn’t meet the legal standard. If the probate court 
thinks a juvenile dependency case might be appropriate after a guardianship case begins but before a guardian is 
appointed, the court can ask the agency to file a dependency petition and, if the agency does not, can ask the juvenile court 
to order the agency to file a petition. 
Families can also arrange for care and a place to live for a child without going to court. These arrangements are usually 
temporary and often involve documents such as a Caregiver’s Authorization Affidavit (see 
www.courts.ca.gov/documents/caregiver.pdf) or a Voluntary Placement Agreement with a child welfare agency (see 
www.cdss.ca.gov/cdssweb/entres/forms/english/soc155.pdf). Information on the Probate Guardianship of the Person 
(form GC-205-INFO) gives information about these arrangements. 

Foster parents/resource families 
If a juvenile court finds that a child cannot continue living safely at home, the court will order the child placed out of the 
home in the care and custody of the county child welfare agency (sometimes called child protective services or CPS). The 
agency can then place the child in the home of an approved foster parent. If a foster parent has been approved through the 
resource family approval (RFA) process, the foster parent is sometimes called a resource family, so this form uses the 
term “foster parent/resource family.” Approval as a foster parent/resource family is difficult and takes time. Some families 
will not be approved because they do not meet the strict standards. 

Guardians 
A guardian is an adult appointed by either the probate court or the juvenile court to take long-term care, custody, and 
control of a child when the child’s parents are unavailable or unable to care for the child. A relative or nonrelative can be 
appointed as guardian if the court finds the appointment is in the child’s best interest. In general, probate guardians have 
the same rights and duties as juvenile court guardians. However, probate guardians have access to different, and often 
fewer, financial supports, services, and resources.

Judicial Council of California, www.courts.ca.gov 
New January 1, 2023, Mandatory Form 
Government Code, § 68511.1; Probate Code, § 1511 

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Other Nonparent Caregivers 

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GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

 
1. The Rights and Duties of Different Types of Caregivers 

Foster Parents/Resource Families 

Guardians 
(Probate and Juvenile Court) 

                           Caregiver’s Fundamental Responsibilities and General Duties 

A foster parent/resource family works with child 
welfare agency social workers to provide care, 
supervision, and housing for the child. 

A foster parent/resource family receives foster 
care funds for the child’s needs, such as food and 
clothing, and works with the social worker to 
make sure the child receives available resources 
and services if the child has special needs. 

A guardian, whether appointed by a probate court or juvenile 
court, has the same general rights and duties toward the child as a 
parent. In other words, a guardian has care, custody, and control of 
the child. However, the court that appoints the guardian can order 
the guardian to do or not to do certain things. 

The guardian is responsible for providing for food, clothing, 
shelter, education, and all the medical and dental needs of the 
child. 

The guardian must provide for the safety, protection, and physical 
and emotional growth of the child. Like a parent, a guardian 
should maintain close contact with the child’s school and doctor. 

If the child has special needs, the guardian must strive to meet 
those needs and secure appropriate services. Some children may 
have physical or learning disabilities. Other children come from 
abusive homes or have been victims of abuse. Counseling and 
other services may be necessary to help these children. 

                                                        Custody and Visitation 

Physical custody of the child—that is, the right to 
decide where the child lives—is with the child 
welfare agency unless the court orders a specific 
placement. 

Parents retain legal custody subject to limitations 
set by the court. 

A foster parent/resource family must make sure 
the child takes part in visits and phone calls with 
parents and others authorized by the social worker 
or ordered by the court. 

The guardian has legal and physical custody of the child. 

Parents can no longer make decisions for the child while there is a 
guardianship. The rights of the parents are completely 
suspended—but not terminated—as long as the guardianship 
remains in effect. 

If a guardian is appointed, a parent or other person can ask the 
court to order the guardian to let them visit or spend time with the 
child. (In juvenile court, the court must allow the parent to visit the 
child unless it would be detrimental to the child.) If the court does 
not make an order, the guardian can decide who visits the child. 

A foster parent/resource family cannot, on their 
own, ask the court to terminate parental rights and 
adopt the child. They can, however, tell the social 
worker they would like to adopt the child. 

After the child has been in the guardian’s custody for a minimum 
time, varying from six months to three years depending on the 
circumstances, the guardian may petition to terminate parental 
rights and adopt the child. 

                                                                 Residence 

The social worker and the court decide who the 
child will live with. 

A guardian decides where the child lives. The child normally will 
live with the guardian, but the guardian can make other 
arrangements if they are in the best interest of the child. 

A guardian must give proper notice to the court and others of any 
address change of either the child or the guardian. 

A guardian must get court permission before changing the child’s 
residence to a place outside California. 

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Other Nonparent Caregivers 

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GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

 

Foster Parents/Resource Families 

Guardians 
(Probate and Juvenile Court) 

The guardian must make sure that the child’s health-care needs are 
met. In most cases, the guardian has the authority to consent to the 
child’s medical treatment. However, if the child is 14 years of age 
or older, surgery may not be performed on the child unless (1) 
both the child and the guardian consent, (2) a court order 
specifically authorizes the surgery, or (3) an emergency exists. 

A guardian may not place a child in a mental health treatment 
facility against the child’s wishes. A separate legal process is 
required for such a placement. However, the guardian must obtain 
any counseling or other necessary mental health services needed 
by the child. 

The law also allows children to consent to certain types of 
treatment—including outpatient mental health treatment, medical 
care related to pregnancy or sexually transmitted diseases, and 
drug or alcohol treatment—without the consent of a parent or 
guardian. 

A guardian is responsible for the child’s education and holds the 
child’s educational and developmental-services decisionmaking 
rights, unless the court appoints someone else to hold them. If a 
child needs special education and related services, the guardian 
must advocate for the child with the school district and make the 
appropriate arrangements. (See page 8 for information about 
financial support for children with special needs.) 

                                                                 Health Care 

The social worker arranges care and treatment for 
the child’s medical, dental, and mental health 
needs, but the foster parent/resource family might 
be responsible for scheduling and transporting the 
child to these appointments. 

Parents keep their rights to make health-care 
decisions for the child except in an emergency or 
if the court orders otherwise. 

                                                                  Education 

When a child is in foster care, parents retain the 
rights to make educational and developmental-
services decisions for the child unless the court 
limits these rights and assigns them to another 
person. 

If the court limits parental rights to make 
educational and developmental-services decisions, 
it may assign those rights to a foster 
parent/resource family. Otherwise, a foster 
parent/resource family cannot make those 
decisions or attend Individualized Education 
Program (IEP) meetings for the child unless 
invited by the person holding educational rights. 

A foster parent/resource family is responsible for 
making sure that the child attends school. If the 
child is receiving special education services, the 
foster parent/resource family works with the 
school district and service providers to ensure that 
the child receives all the services and supports in 
the child’s IEP. (See page 8 for information about 
financial support for children with special needs.) 

 

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GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

 

Foster Parents/Resource Families 

Guardians 
(Probate and Juvenile Court) 

                                            Consent to Changes to the Child’s Status 

A foster parent/resource family cannot consent to 
the child’s marriage, military enlistment, or 
driver’s license application, but the juvenile court 
can consent. 

A guardian and the court must give permission for a minor child 
to get married. 

A guardian may consent to a minor child’s enlistment in the armed 
services or application for a driver’s license. 

A guardian may apply for a passport for a minor child. 

                                                          Financial Obligations 

A foster parent/resource family receives foster 
care funds to pay for the child’s needs. 

The guardian is responsible for the day-to-day financial support of 
the child, even though the parents are still obligated to support the 
child. The guardian may take legal action or contact the local child 
support agency to obtain child support from a parent. 

The child may also be eligible for Aid to Families with Dependent 
Children—Foster Care (AFDC-FC), Social Security benefits, 
Veterans Administration benefits, Indian child welfare benefits, 
and support from other public or private sources. (See Chart 2.) 

A guardian, like a parent, is liable for the harm and damage caused 
by the willful misconduct of a child. (See Civil Code, 
§ 1714.1(a).) There is usually a limit on how much a guardian may 
be required to pay. There are special rules concerning harm caused 
by the use of a firearm. 

                                                                Legal Liability 

Except in limited circumstances, a foster 
parent/resource family is immune from liability in 
a civil action to recover damages for injury, death, 
or loss to person or property caused by an act or 
omission of a child or nonminor dependent while 
the child or nonminor dependent is placed in the 
home of the foster parent/resource family. (See 
Welfare and Institutions Code section 
362.06(b)(2).) 

Comparison of Guardians With 
Other Nonparent Caregivers 

GC-207-INFO/JV-352-INFO 
Page 4 of 11 

The court may require the guardian to perform other duties, such as 
completing a parenting class or attend counseling sessions with the 
child. The guardian must follow all court orders and cooperate with 
court investigators. 

Court visitors and status reports: Some counties have programs 
in which “court visitors” track and review guardianships. If your 
county has such a program, you will be expected to cooperate with 
all the court visitor’s requests. In addition, a guardian may have to 
fill out and file status reports. 

Foster parents/resource families are entitled to 
notice of statutory review hearings and permanency 
hearings. They may attend the hearings and give 
information about the child to the court. Caregivers 
who wish to submit information in writing may use 
Caregiver Information Form (form JV-290). 

Foster parents/resource families must be included 
in a child’s Child and Family Team (CFT) and 
must be notified of every CFT meeting. They may 
be invited to participate in or support a child’s 
services, such as counseling or other types of 
treatment. 

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If you are concerned about your liability for a child’s conduct, you should contact an attorney. 

                                                        Other Rights or Duties 

GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

 
2. The Services and Financial Support Available to Different Types of Caregivers 
The payment amounts discussed below are updated annually based on the cost of living. Payments are made retroactively. 
For example, a child placed with a caregiver in January would receive funds for the month of January in February. The 
payment amounts given below are in effect from July 1, 2022, to June 30, 2023. For updated amounts, see 
www.cdss.ca.gov/inforesources/letters-regulations/letters-and-notices/all-county-letters. 

Foster Parent/Resource 
Family 

Probate Guardian 

Juvenile Court Guardian 

Before a relative is approved as a 
foster parent/resource family, 
Emergency Caregiver (EC) 
funding is available at the foster 
care basic rate starting from the 
date the child is placed with the 
relative. EC funding is limited to 
the foster care basic rate, $1,129 
per month. 

After approval, the foster 
parent/resource family will receive 
foster care payments through 
federal Aid for Families with 
Dependent Children—Foster 
Care (AFDC-FC). These 
payments are set at the foster care 
basic rate, $1,129 per month. 

There are different eligibility 
requirements for federal and state 
AFDC-FC. The child welfare 
agency will determine eligibility. 
For a child in relative foster care 
who is not eligible for federal 
AFDC-FC or EC, Approved 
Relative Caregiver (ARC) 
payments are available. These 
payments are set at the foster care 
basic rate, $1,129 per month. 

California foster youth who are 
placed with a relative out of state 
are eligible for funds at the foster 
care rate in the state where they are 
placed. 

Cash Payments per Child—Relatives 

Child-only California Work 
Opportunity and Responsibility 
to Kids Program (CalWORKs) 
payments are available for a child 
living with a relative guardian. The 
income of the family is considered 
in calculating the amount of cash 
aid the family receives. 

Payments are approximately one-
half of the foster care basic rate 
paid to nonrelatives. A relative 
caregiver can receive this 
assistance before appointment as 
guardian if the child lives with the 
relative. Payments can drop below 
one-half of the foster care basic 
rate if there are multiple children 
in the home. 

CalWORKs Maximum Aid 
Payment (MAP) levels depend on 
variables such as geographic 
region and exempt/nonexempt 
status and are hard to calculate. 
From October 1, 2022, to 
September 30, 2024, MAP 
amounts for one child in California 
are expected to range from $669 to 
$779 per month. A social worker 
who specializes in benefits would 
be the best person to ask about 
MAP levels for cash aid. 

Payments end when the child turns 
18 years old, but it is possible to 
extend payments to age 19 if the 
child is completing high school. 

Kinship Guardianship Assistance 
Payment (Kin-GAP) payments are 
available to children who have lived with an 
approved relative guardian for at least six 
months. Kin-GAP families sign a written 
agreement with the county. The Kin-GAP 
payments begin once the agreement is 
signed and the juvenile court terminates the 
dependency case. 

Payments cannot exceed the amount the 
child was receiving in foster care, but they 
can include the foster care basic rate and 
any special needs supplements the child was 
receiving. The income of the child’s 
parents, Kin-GAP guardian, or any other 
relative living in the household is not used 
to determine the child’s Kin-GAP 
eligibility. 

Kin-GAP payments generally end when a 
child turns 18 but can continue until age 19 
if the child is completing high school or 
until age 21 if the Kin-GAP payments 
started after the child turned 16 or if the 
child has an ongoing disability. 

If the court keeps the juvenile case open 
after appointing a relative guardian, the 
guardian can receive Approved Relative 
Caregiver (ARC) or foster care payments 
instead of Kin-GAP. 

In very rare situations, a relative guardian 
may not qualify for Kin-GAP, foster care, or 
ARC payments, but may still qualify for 
California Work Opportunity and 
Responsibility to Kids Program 
(CalWORKs) payments. 

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Other Nonparent Caregivers 

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GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
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Foster Parent/Resource 
Family 

Probate Guardian 

Juvenile Court Guardian 

Cash Payments per Child—Nonrelatives 

Before approval as a resource 
family, a nonrelative foster 
parent/resource family may receive 
Emergency Caregiver (EC) 
funding at the foster care basic 
rate, $1,129 per month, starting 
from the date the child is placed 
with the nonrelative. 

After approval, the foster 
parent/resource family will receive 
foster care payments. Nonrelative 
resource families receive Aid to 
Families with Dependent 
Children—Foster Care (AFDC-
FC) funds. There are federal and 
state AFDC-FC funding programs, 
and they have different eligibility 
requirements. The foster care basic 
rate is $1,129 per month. 

No cash payments are available 
until a guardian is appointed and 
the child begins living with the 
guardian. 

An eligible child living with a 
nonrelative probate guardian may 
receive state Aid to Families with 
Dependent Children—Foster 
Care (AFDC-FC) payments 
equivalent to the foster care basic 
rate, $1,129 per month, after the 
court establishes a temporary 
guardianship. 

Payments usually end when the 
child turns 18 years old but may 
continue to age 19 if the child is 
completing high school or to age 
21 if the child has a disability. 

State Aid to Families with Dependent 
Children—Foster Care (AFDC-FC) is 
available to children who live with a 
nonrelative guardian. This rate may change 
depending on where you live, so before you 
move, ask if there will be a rate change. The 
foster care basic rate is $1,129 per month. 

A youth who continues living with a former 
nonrelative guardian after reaching age 18 
can continue to receive AFDC-FC payments 
until they turn 21 if they meet certain 
participation criteria related to work, school, 
or activities designed to remove barriers to 
employment. 

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Other Nonparent Caregivers 

GC-207-INFO/JV-352-INFO 
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Children who qualify for Kin-GAP, ARC, 
or CalWORKs payments also receive full-
scope Medi-Cal health care services. 

Extended Foster Care benefits are not 
available for a youth who is under juvenile 
court guardianship when the youth turns 18 
years old. But if the former guardian dies or 
no longer provides ongoing support to the 
youth, the youth can ask the juvenile court 
to open the dependency case again. If the 
court does, the youth may qualify for EFC 
payments if they complete the requirements. 

Medical Insurance 

A child who qualifies for 
CalWORKs (relative guardian) or 
AFDC-FC (nonrelative guardian) 
payments is eligible for Medi-Cal. 
After turning 18, a youth is not 
eligible for Former Foster Youth 
Medi-Cal but may qualify for 
Medi-Cal based on income. 

A youth who turns 18 in a probate 
guardianship is not eligible for 
Extended Foster Care, 
Independent Living Program 
services, or Chafee Education 
and Training Vouchers. 

Children who qualify for the cash 
payments described above are also 
eligible for full-scope Medi-Cal 
services. Youth are eligible for 
Former Foster Youth Medi-Cal 
up to age 26. 

Extended Foster Care benefits 
are available for youth living in 
foster care when they turn 18. 
These nonminor dependents can 
receive ongoing case management 
and EFC payments until they turn 
21; they may also qualify for 
transitional housing and 
independent living placements. 

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Extended Foster Care and Other Transition Age Supports 

GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

Foster Parent/Resource 
Family 

Probate Guardian 

Juvenile Court Guardian 

Extended Foster Care and Other Transition Age Supports 

However, a youth living with a 
former guardian and receiving 
CalWORKs (relative) or AFDC-
FC (nonrelative) payments may 
continue receiving payments until 
age 19 if the youth is completing 
high school or another eligible 
education program or until age 21 
if the youth has a disability. 

Independent Living Program funding is 
available for current and former foster youth 
up to age 21, if they were in foster care on 
or after age 16, they entered into a Kin-GAP 
guardianship after age 16, or they entered 
into a nonrelated legal guardianship through 
juvenile court after age 8. This funding can 
help youth learn to manage their household 
and money and help them with education, 
housing, and employment. 

Chafee Education and Training Vouchers 
may be available. See the Foster 
Parent/Resource Family column for details.  

Childcare Assistance 

Income-based childcare assistance 
may be available to children in 
probate guardianships. 

Emergency Child Care Bridge program 
benefits are not available after a 
guardianship is established, but income-
based childcare assistance may be available. 

California  offers  a  variety  of  publicly  funded  childcare  programs  to  eligible  families.  Information  on  Probate 
Guardianship of the Person (form GC-205-INFO) and Information on Juvenile Court Guardianship (form JV-350-INFO) 
give more information on these programs. Local childcare resource and referral agencies help families find childcare and 
determine whether they qualify for publicly funded childcare. Parents and guardians can find a local resource and referral 
agency here: https://rrnetwork.org/family-services/find-child-care. 

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Other Nonparent Caregivers 

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Payment amounts vary by the type 
of living arrangement. They range 
from the foster care basic rate of 
$1,129 per month to $5,720 per 
month for a parenting youth living 
in transitional housing in a high-
cost county. 

Independent Living Program 
funding is available for current and 
former foster youth up to age 21, if 
they were in foster care on or after 
they reached age 16. This funding 
can help youth learn household 
and money management and help 
them with education, housing, and 
employment. 

Chafee Education and Training 
Vouchers for postsecondary 
education are available for youth 
who were in foster care on or after 
age 16. Vouchers are worth up to 
$5,000 per year. 

The Emergency Child Care 
Bridge program provides 
childcare vouchers and navigation 
support to caregivers of children in 
foster care and to foster youth who 
have children of their own. 
Eligibility depends on available 
funding and county policy. 

 

     

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Special needs supplemental 
payments may be available. 
These include: 

•  Level of Care 
•  Intensive Services 

Foster Care 
•  Specialized Care 
Increments 

•  Dual Agency Rate 
•  Whole Family Foster 
Home and Infant 
Supplement 

•  Clothing Allowance 

ee the Foster 

Parent/Resource Family 
column for details about 
these payments. 

No special needs supplemental 
payments are available to a child 
with living with a relative probate 
guardian. 

A child living with a nonrelative 
probate guardian and receiving 
state AFDC-FC payments may 
also, if eligible, receive a 
specialized care increment, a 
clothing allowance, or the teen 
parent part of a Whole Family 
Foster Home payment. 

  S

See the Foster Parent/Resource 
Family column for details about 
these payments. 

GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

 

Foster Parent/Resource Family 

Probate Guardian 

Juvenile Court Guardian 

Special Needs Supplemental Payments 

Special needs supplemental payments may be 
available. These payments are in addition to the 
basic rate, and can include: 

Level of Care based on the physical, behavioral, 
emotional, educational, health, and permanency 
care provided to a child. Payments range from 
$1,129 to $1,510 per month. 

Intensive Services Foster Care for children with 
intensive medical, behavioral, developmental, or 
emotional needs. The payment is $2,946 per 
month. 

Specialized Care Increments for children with 
special medical, behavioral, developmental, or 
emotional needs. The amounts of these payments 
are set by the county. For more information, see 
www.cdss.ca.gov/inforesources/foster-
care/specialized-care or speak to a social worker. 

Dual Agency Rate for children in foster care who 
also qualify for regional center services. These 
rates are $1,323 per month for a child up to 3 years 
old and $2,955 per month for a child over 3. 

Whole Family Foster Home and Infant 
Supplement payments are available to support 
youth living in foster care with their nondependent 
children. This rate is $900 per month. 

An Expectant Parent Payment is available to 
support a youth in foster care for the last three 
months of pregnancy. This payment is $2,700. 

A Clothing Allowance is available for foster 
children in some counties. The payment amount 
varies by county. 

Education Travel Reimbursement is available to 
caregivers who transport a child to the child’s 
school of origin (the school the child was attending 
before being placed in the resource family home). 
This rate is set by the state based on two round 
trips per day between the foster/resource family 
home and the school. 

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GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

 
3. How a Guardian Is Appointed and What Happens Afterward 

Probate Guardian 

Juvenile Court Guardian 

STAGE 

Petition 

Investigation 

A person who wants to be appointed guardian of 
a child must file a petition with the probate court. 
The child’s parent or the child, if at least 12 years 
old, can also file the petition. (See Information 
on Probate Guardianship of the Person (form 
GC-205-INFO).) 

Before the court decides to appoint a guardian, 
an investigation is usually required. If the 
proposed guardian is a relative, a court 
investigator conducts the investigation. If the 
proposed guardian is not a relative, a county 
social worker conducts the investigation. The 
investigator prepares a report, makes a 
recommendation whether the petition should be 
granted, and files the report with the court, which 
makes it available to all persons served in the 
proceeding and their attorneys. 

The parent and the proposed guardian are 
responsible for the costs of the investigation 
unless payment would be a hardship. 

To start a juvenile court case, a county social 
worker or prosecuting attorney must file a 
petition in juvenile court. 

The social worker or probation officer conducts 
an investigation to determine, among other 
things, whether to detain the child temporarily 
out of the parent’s home and whether to 
recommend that the court remove the child from 
the parent’s home. A person who wants to serve 
as guardian of a child in juvenile court should 
contact the child’s social worker or probation 
officer early in the case to ask if the child can 
live with them. 

Appointment 
of Counsel 

The probate court has the authority to appoint an 
attorney to represent the child. The court may 
also appoint an attorney for the Indian custodian 
or biological parent of an Indian child but does 
not otherwise have the authority to appoint 
counsel for a parent. 

In a dependency case, the juvenile court must 
appoint counsel for the child unless it finds that 
the child would not benefit from the 
appointment. And in almost every case, the court 
appoints counsel for a parent who cannot afford 
counsel. 

Hearing 

The court holds a hearing to decide whether to 
appoint a guardian. A parent or other interested 
person may go to the hearing and object, orally 
or in writing, to the appointment of a guardian 
for the child or to the appointment of the person 
proposed as guardian in the petition. The court 
will decide whether appointing a guardian is 
necessary and in the child’s best interest. 

Reunification 
Services 

The probate court cannot order family 
reunification services but can order supportive 
services for the guardian and child, if needed. 

In a juvenile justice case, the court must appoint 
counsel for the child if the child appears without 
counsel. The court may also appoint separate 
counsel for a parent in specific circumstances. 
The court holds a hearing to decide if the petition 
is true and whether to order the child placed out 
of the parent’s home. If it decides the child 
cannot live safely at home, the court will not 
appoint a guardian right away unless the parents 
and child agree. Instead, it will order the child 
placed first with a foster parent/resource family 
and order the social worker or probation officer 
to provide reunification services (see below). 
The juvenile court can order services to help the 
parents and child reunify (live together safely) 
before it chooses a permanent plan (e.g., 
guardianship) but not afterward. 

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GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

Probate Guardian 

Juvenile Court Guardian 

 

STAGE 

Decision to 
Appoint a 
Guardian 

If the probate court finds that appointment of a 
guardian is necessary and in the child’s best 
interest, the court may appoint a guardian. 

The juvenile court may appoint a guardian at 
different times during the case, after making the 
required findings. In a dependency case, if the 
court finds that the petition is true, it can appoint 
a guardian for the child at the dispositional 
hearing, if the parents and the child agree and the 
court finds that appointing the guardian is in the 
child’s best interest. In a juvenile justice case, the 
court can appoint a guardian for the child at any 
time after the dispositional hearing if the 
probation officer recommends it or the child’s 
attorney requests it. In either a dependency or 
juvenile justice case, if the court has ordered out-
of-home placement and denied or terminated 
reunification services, the court can appoint a 
guardian as the child’s permanent plan at a 
separate hearing. The court decides whom to 
appoint as guardian. The person who has been 
caring for the child is almost always appointed. 

The procedures for appointing a guardian are 
generally the same in dependency and juvenile 
justice, but there are some differences. For more 
information, see Information on Juvenile Court 
Guardianship (form JV-350-INFO), and check 
with the social worker or probation officer. 

The juvenile court keeps jurisdiction over the 
guardianship. When the court appoints a 
guardian, it must also issue parental visitation 
orders unless it finds that visitation would be 
detrimental to the child. 

In many cases after the guardianship is granted, 
especially if the guardian is related to the child, 
the court will terminate dependency or juvenile 
justice jurisdiction and will not hold any more 
regularly scheduled court hearings. In other 
cases, the court will grant the guardianship, keep 
dependency or juvenile justice jurisdiction, and 
continue to hold regular review hearings. After it 
terminates juvenile jurisdiction, the juvenile 
court keeps jurisdiction over the guardianship 
and can give orders to the guardian. 

Any request to change a court order, including a 
visitation order, or to end the guardianship must 
be filed in the juvenile court using Request to 
Change Court Order (form JV-180). 

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Court 
Oversight 

After a guardian is appointed, there are no 
regular court hearings, although the probate court 
has the authority to regulate and control the 
guardian’s actions. The court can order the 
guardian to allow visitation of the child with 
parents or other persons. 

The court may order the guardian to submit an 
annual status report to the court and, depending 
on the county, the court may hold a hearing. (See 
Information on Probate Guardianship of the 
Person (form GC-205-INFO).) 

On receipt of a request, the court may order the 
guardian to take action. The court may also order 
the guardian to appear and explain actions they 
have taken; the court may approve or rescind 
those actions. 

GC-207-INFO/JV-352-INFO 

Comparison of Guardians With Other Nonparent 
Caregivers 

Probate Guardian 

Juvenile Court Guardian 

A county social worker is responsible for 
screening any proposed guardian and for 
conducting the guardianship investigation if the 
proposed guardian is not related to the child. 
If the probate court thinks a child who is the 
subject of a guardianship petition may be abused 
or neglected, it can ask a social worker to 
investigate and file a dependency petition in the 
juvenile court before it decides whether to 
appoint a guardian. If the social worker files a 
dependency petition, then the juvenile court will 
have authority over the child’s custody and 
placement. The probate court case will be put on 
hold until the juvenile court case is over. 
After a probate guardian is appointed, no social 
worker is involved unless the child or guardian 
receives public financial support or services. 
The guardianship automatically terminates (ends) 
when the child turns 18 or if, before turning 18, 
the child dies, is emancipated by court order, gets 
married, joins the armed services, or is adopted. 
If the guardian, a parent, the child, an Indian 
custodian, or the child’s tribe shows that it is in 
the child’s best interest, the court can end the 
guardianship before the child turns 18. The 
longer the child has lived with the guardian, the 
harder it is to show that termination is in the 
child’s best interest. 
If the child consents, the court can extend a 
guardianship up to the child’s 21st birthday to let 
the child complete a federal application for 
Special Immigrant Juvenile status. 
Appointment of a probate guardian suspends 
parental rights, but does not terminate them. 
However, under the Probate Code, if a child has 
been living with the guardian for at least two 
years, the guardian can file a petition to terminate 
parental rights so that the guardian can adopt the 
child. Parents are entitled to appointed counsel if 
this happens. In some situations, specified in the 
Family Code, the guardian can ask to adopt the 
child after as few as six months have passed or 
may need to wait up to three years. 
If the child is an Indian child, the Indian Child 
Welfare Act requires different procedures. 

If the dependency or juvenile justice case is kept 
open after guardianship is granted, the social 
worker or probation officer will provide support 
to the guardian and child and prepare reports for 
scheduled juvenile court hearings. 
If the juvenile dependency or juvenile justice 
case is closed after guardianship is granted, the 
juvenile court will continue to oversee the 
guardianship. Continued involvement by the 
social worker or probation officer will depend on 
any services and financial support the child 
continues to receive. 

The guardianship automatically terminates when 
the child turns 18 or if, before reaching age 18, 
the child dies, is emancipated by court order, gets 
married, joins the armed services, or is adopted. 
The court can terminate the guardianship if it 
finds that another permanent plan, such as 
adoption, is in the child’s best interest. A social 
worker or probation officer, the guardian, a 
parent, the child, an Indian custodian, or the 
child’s tribe can file a request with the juvenile 
court to terminate the guardianship. 

Appointment of a juvenile court guardian 
suspends parental rights, but does not terminate 
them. A social worker or probation officer, the 
guardian, or the child can file a request with the 
juvenile court to terminate parental rights and 
change the permanent plan to adoption. The 
court will hold a hearing to decide whether to 
grant the request. Each parent is entitled to notice 
of the hearing, to participate, and to have an 
attorney appointed for them. 

If the child is an Indian child, the Indian Child 
Welfare Act requires different procedures. 

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STAGE 

Role of Social 
Worker or 
Probation 
Officer 

Terminating 
Guardianship 

Terminating 
Parental 
Rights 

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