JV-350-INFO 

Information on Juvenile Court Guardianship 

 

This form is about legal guardianship ordered by the juvenile court as the 
permanent plan for a child under the court’s jurisdiction who cannot return 
home safely or be adopted. 

The form explains: 
•  What is a guardianship and who can be appointed guardian; 
•  How and when to ask to be appointed guardian in juvenile court; 
•  Differences between a foster parent or resource family (a foster parent 
approved through a specific process), a court-appointed guardian, and 
an adoptive parent; and 

For information about probate 
guardianship of the person and the estate, 
read Judicial Council forms GC-205-
INFO and GC-206-INFO. For a 
comparison of probate and juvenile court 
guardianship with juvenile court 
placement with a relative caregiver or 
foster parent/resource family, read form 
GC-207-INFO/JV-352-INFO. 

•  A guardian’s legal rights, duties, and eligibility for financial help. 
For more information, visit the California Courts website at www.courts.ca.gov/1206.htm or talk to a lawyer with 
experience in juvenile court. Learn how to find a lawyer on the website at www.courts.ca.gov/selfhelp-findlawyer.htm. 

1 

2 

3 

4 

What is a guardianship? 
A guardianship—technically a guardianship of the 
person—is a court-ordered relationship in which a 
person, other than the child’s parent, is given legal and 
physical custody of a child and can make the decisions 
that a parent can about the child’s care and control, 
residence, education, and medical treatment. When a 
guardianship is established, the parents’ rights to have 
the child live with them and to make decisions for the 
child are completely suspended and given to the 
guardian for as long as the guardianship lasts. 

Who can be appointed guardian by the 
juvenile court? 
A child’s juvenile court guardian must: 
•  Be an adult (18 years old or older); 
•  Not be the child’s parent; and 
•  Be approved by the county child welfare agency 

or juvenile probation department. 

Can a relative be appointed guardian? 
Yes. The court can appoint any approved adult, 
including any relative except the child’s parent. 

Is a foster parent/resource family the same as 
a guardian? 
No. A foster parent/resource family is not a 
guardian, but the court will often appoint one, 
especially a relative, as guardian if the child cannot 
return home. Foster parents/resource families have 
some legal rights, including: 
•  The right to notice of the child’s review or 

permanency hearings and go to the hearings; and 
•  The right to give the court information about the 
child’s needs. Caregiver Information Form (form 
JV-290) may be used for this purpose. 

5 

How is a guardian different from a foster 
parent/resource family? 
Foster parents/resource families and guardians are both 
responsible for taking care of other people’s children. 
But there are important differences. 
•  Permanence. Placement with a foster 

parent/resource family, including a relative, is 
intended to be temporary; it can end at any time. A 
guardianship is a permanent plan, intended to give a 
child a stable, lasting home and a caring relationship. 
•  Court supervision. The court holds review hearings 
every six months for a child in foster care. A social 
worker or probation officer visits a foster/resource 
family placement regularly. In a guardianship, no 
regular hearings or visits are required unless the 
court keeps the juvenile case open, though a 
guardian who receives services and financial support 
may continue to have contact with a social worker. 

•  Duties. A foster parent/resource family provides 

food, clothing, housing, and emotional support to the 
child under the supervision of a social worker or 
probation officer. A guardian has more rights and 
duties toward the child but may receive fewer 
services and less financial and personal support. 

6 

Who else can be involved in the court case? 
The child’s relatives. A relative, even if not the 
child’s foster parent/resource family, has a right to 
give the court information about the child in writing. 
Relative Information (form JV-285) may be used for 
this purpose. Relatives can also ask the court to 
allow them to go to the child’s hearings. 

 

Judicial Council of California, www.courts.ca.gov 
Rev. January 1, 2023, Mandatory Form 
Welfare and Institutions Code, §§ 360, 366.26, 
366.3, 366.4, 728 

Information on Juvenile Court Guardianship 

 

JV-350-INFO 
Page 1 of 6 

 

7 

Will the child be returned to the parent? 
In most cases, the social worker or probation officer 
works with the family by giving them services so 
that the child can return to live safely at home. 

Sometimes the court decides the child will not be 
able to return home safely. If that happens, the court 
will deny or stop services for the parent. The social 
worker or probation officer will recommend a 
permanent plan for the child in a written report to 
the court. 

8 
 

Is guardianship a permanent plan? 
Yes. A guardianship is one of three authorized 
permanent plans. It is intended to last until the child 
turns 18 years of age. If the child cannot return 
home, adoption is the legally preferred permanent 
plan because it is more stable and secure. (Later, this 
form talks more about adoption.) But if adoption is 
not a legally available option, the court will try to 
appoint a guardian for the child. 

HOW CAN I BECOME THE CHILD’S GUARDIAN? 

9 

How do I ask to become the guardian? 
If you want the court to appoint you the child’s 
guardian, you should: 
•  Tell the social worker or probation officer right 

away; and 

•  Ask the judge at a hearing as soon as you can. 

Think carefully! If the court appoints you, the 
guardianship will last until the child turns 18. The 
court will not “undo” or end a guardianship unless: 
•  The situation has changed since appointment; and 
•  It is in the child’s best interest to end it. 

10 

What are the steps to becoming a guardian? 
There are several steps to becoming a child’s 
guardian in juvenile court: 

a.  The social worker or probation officer will 

interview you and visit your home to make sure 
you, your home, and everyone living there are 
safe for the child. 

b.  Your home must be approved. 

c.  The social worker or probation officer will write 
a report to the court recommending a permanent 
plan for the child.

Note: If you are not recommended as guardian, 
ask the social worker or probation officer if they 
will name you as a prospective successor 
guardian. Then you might be assessed and 
appointed if the first appointed guardian can no 
longer serve. 

d.  There will be a court hearing to decide the child’s 
permanent plan. You will get a notice that tells 
you when and where the hearing will happen. 

e.  Go to the hearing and talk to the judge. The 

child’s parents and other people interested in the 
case can also go to the hearing and tell the judge 
what they think about you being the child’s 
guardian. 

11 

How will the court decide whether to 
appoint me as guardian? 
The court will consider: 
•  Whether the child can be adopted; 
•  The recommendation in the agency’s report; 
•  What you and other people say at the hearing; 

•  Any other reasons for or against appointing you 

and 

as guardian. 

The court will appoint you as guardian if it decides 
that: 
•  A guardianship is best for the child; and 
•  You are the best person to be the child’s 

guardian. 

12 

What if the court appoints me as guardian? 
If the court appoints you as guardian, take the order 
to the clerk. After you affirm that you will perform 
the duties of a guardian under the law, the clerk will 
issue Letters of Guardianship (form JV-330) as 
proof that you are the child’s legal guardian. Buy a 
certified copy of the form from the clerk, make 
copies of it, and keep the certified copy in a safe 
place. 

Take a copy of the Letters with you whenever you: 
•  Take the child to a doctor, dentist, or therapist; 
•  Sign the child up for school or go to school 

meetings; or 

•  Travel with the child. 

 

JV-350-INFO 
Page 2 of 6 

 

Information on Juvenile Court Guardianship 

ev. January 1, 2023 

 R

   

JV-350-INFO 

Information on Juvenile Court Guardianship 

 

•  The child, if 14 years old or older. 
The judge will replace you only if the judge decides 
after a hearing that the situation has changed and a 
new guardian is in the child’s best interests. 

16 

How is guardianship different from 
adoption? 
Both a guardian and an adoptive parent have legal 
and physical custody of the child in place of the 
birth parents. But there are many differences. 

Permanence. In a guardianship, the parent’s rights 
are only suspended. The court can end a 
guardianship and give the parents back their rights if 
that would be in the child’s best interests. In an 
adoption, parental rights are permanently ended. 
The adoptive parent is the child’s legal parent. The 
birth parents cannot get their rights back. 

Visitation. In a guardianship, the court can make an 
order allowing the parents or other relatives to visit 
a child. The guardian must obey the visitation order, 
as well as all other court orders. In an adoption, 
parents and other relatives lose their rights to visit 
the child unless the court and the adoptive parents 
agree that they can have contact after the adoption. 

Duration. A guardianship lasts until the child turns 
18 unless something happens to end the 
guardianship before then. (A court can order a 
guardianship to end if that is in the child’s best 
interest.) An adoption is intended to last forever. A 
court can end an adoption only by terminating 
parental rights in a new juvenile or family law case. 

Court oversight. The court keeps jurisdiction over 
a guardianship and can direct the guardian, replace 
the guardian, or end the guardianship if someone 
asks and the order is in the child’s best interests. The 
court does not oversee an adoption once it is final. 

Inheritance. A child in a guardianship can inherit 
property from a parent if the parent dies without a 
will. If the court knows the child might inherit 
property, it may appoint a “guardian of the estate” to 
manage the property. An adopted child usually has 
no right to inherit from a birth parent but may 
receive a gift from a birth parent’s will or trust. 

 

 

13 

Will the court oversee me as guardian? 
When it appoints you, the court can give you other 
orders, such as to notify the court if you move or to 
allow the parents or siblings to visit and spend time 
with the child. You must obey the court’s orders. 

After it appoints you, the juvenile court may oversee 
the guardianship to make sure you perform your 
duties. You won’t usually have to go to court unless 
the court keeps the juvenile case open or someone 
asks the court to change its orders or make new 
orders.  

Note: Even after the juvenile case is closed, anyone, 
including you, can use Request to Change Court 
Order (form JV-180) to ask the juvenile court to 
give you directions, review your plans or actions as 
guardian, change its previous orders, or end the 
guardianship. 

The social worker or probation officer might also 
offer permanent placement services to the child. If 
you’re not related to the child, a social worker will 
visit you every six months and update a voluntary 
case plan. If you don’t follow the case plan, the 
worker might ask the court to order you to do so. 

When will the guardianship end? 
A guardianship lasts until the child turns 18 unless: 
•  The child dies before then; 
•  The child is adopted (by you or another adult); or 
•  The child is emancipated (or freed from your 
control) by getting married, entering active 
military duty, or getting a court order. 

The court can order a guardianship to end before the 
child turns 18, but only if the proposed alternative is 
in the child’s best interests; that is, it would be 
better for the child than continuing the guardianship. 

Note: If the child keeps living with you after turning 
18, you can get financial help if the child is eligible 
for Kin-GAP or state AFDC-FC and meets the 
program requirements. See page 5 for more 
information about financial support generally. 

14 

15 

Can the court replace me as guardian? 
Yes. The court will consider replacing you as 
guardian if asked by: 
•  You, the guardian; 
•  Any other interested adult; or 

ev. January 1, 2023 

 R

Information on Juvenile Court Guardianship 

JV-350-INFO 
Page 3 of 6 

 

   

JV-350-INFO 

Information on Juvenile Court Guardianship 

21 

22 

23 

24 

Give consent to the child’s marriage 
You can allow the child to marry, but you must get the 
court’s permission first. Once the child gets married, 
the guardianship will end. 

Give consent to the child’s military service 
You can allow the child to enlist in the U.S. military. 
Once the child enters active duty, the guardianship will 
end. 

Give consent for the child’s driver’s license 
The child cannot get a driver’s license without your 
written permission. (See also the duties described 
below.) If you change your mind later, you can sign a 
form at the DMV to cancel the child’s driver’s license. 

Pay for harm caused by the child’s driving 
You must get insurance to cover the child when 
driving. You will have to pay for damage the child 
causes when driving that’s not covered by insurance, 
but the law limits how much money you can be forced 
to pay. If you’re concerned about this duty, you should 
talk to a lawyer. 

25 

Pay for harm caused by the child’s other acts 
Willful misconduct. In most cases, a guardian can be 
made to pay only for harm to another person caused by 
the child’s willful misconduct. There is usually a limit 
to how much you can be required to pay. 

Negligent conduct. In some cases, you can be made to 
pay for harm caused by the child’s negligent conduct. 
If you’re concerned about this duty, you should talk to 
a lawyer. 

26 

27 

Pay for the child’s needs 
The parents are still legally responsible for child 
support, but you can accept this responsibility. You 
can get money to help you support the child. See  
page 5 for more information. 

Obey all court orders 
The court may require you to accept other duties. For 
example, the judge may order you to take the child to 
visit a parent or other relative. You must do what the 
court orders. 

WHAT ARE A GUARDIAN’S RIGHTS AND DUTIES? 
Subject to the court’s orders, a court-appointed guardian 
has the same rights to legal and physical custody of the 
child as a parent does. In general, you must care for and 
control the child the same way a parent would. 
Specifically, that means: 

17 

Arrange a place for the child to live 
If you move the child to a new address in California, 
you must notify the court in writing. To move the 
child out of California, you must get court approval 
first. Use form JV-180 to ask the court to approve. 
Other states have different guardianship laws. If you 
plan to move to another state, find out about your 
legal rights and duties in that state. 

18 

Arrange for the child’s health care 
You can consent to (allow) most medical or dental 
treatment for the child. But if the child is at least 14 
years old and does not want to have a non-
emergency surgery, you must first get permission 
from the court. 

The law also allows children, usually older ones, to 
get some kinds of medical treatment on their own 
without your approval, including: 
•  Outpatient mental health treatment; 
•  Reproductive health care; and 
•  Drug and alcohol treatment. 

19 

Provide for the child’s education 
You can choose the child’s school and learning 
programs just as a parent can. In special situations, 
the court may also be involved in these decisions. 
Pay attention to how the child does in school, and 
meet with the child’s teachers. If the child needs 
special education or other specialized services, you 
can also ask the school or other providers for these 
services. 

20 

Access social services 
You can get help for the child from other programs, 
such as: 
•  Head Start; 
•  Regional centers for persons with developmental 

delays or disabilities; 
•  Health care services; and 
•  After-school care. 

ev. January 1, 2023 

 R

Information on Juvenile Court Guardianship 

JV-350-INFO 
Page 4 of 6 

 

   

JV-350-INFO 

Information on Juvenile Court Guardianship 

•  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. 

If the child is NOT related to you 
In California, guardians who are not related to the child 
are eligible for foster care payments from the state. You 
can receive these payments in any county or state, but the 
amount may change if you live in another state. Before 
you move, ask if the rate will change! If you receive 
payments, a case worker will visit you every six months. 
•  Health care: Children who qualify for foster care 
payments get health care through Medi-Cal. 

•  Independent living program (ILP): Beginning at 
age 16, most children can receive ILP funds and 
services to help them become successful adults. 
•  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. 

If you keep supporting the child after age 18 
Even though the guardianship ends when the child turns 
18, payments can continue if the youth still lives with you, 
you continue to care for and support the youth, the youth 
meets all other eligibility requirements, and you both sign 
written agreements. 

Generally, Kin-GAP payments end when a child turns 
18, unless the payments started after the child turned 16 
(they continue until age 21) or the child has a mental or 
physical disability (funding continues until 21) or the 
child is in high school (funding continues until 19 or 
graduation). 

Important! Talk to the child’s social worker or probation 
officer or a lawyer a few months before the child turns 
18 to make sure the child doesn’t miss any payments. 

WHAT FINANCIAL SUPPORT CAN I RECEIVE? 
You may be able to get financial help from the county, 
state, or federal government. The type of help depends 
on the child’s eligibility and their relationship to you. 

Important! Before you become the child’s guardian, ask 
the child’s social worker or probation officer or a lawyer 
if you will qualify for financial help. For a detailed 
comparison of services and supports available to foster 
parents, relative caregivers, and guardians, read 
Comparison of Guardians With Other Nonparent 
Caregivers (form GC-207-INFO/JV-352-INFO). 

If the child is related to you 
If you become the guardian of a child who is a relative, 
you may qualify for financial help from these programs: 
•  Kin-GAP payments: If the child has lived with you 
for at least six months, you have been approved as a 
resource family, you sign a written agreement, and the 
court closes the dependency case, you can qualify for 
Kin-GAP payments. Kin-GAP gives you the same 
monthly payments as a foster parent caring for a 
foster child, including any rate the county might pay 
to care for the child’s special needs. 
You can receive Kin-GAP in any county or state, but 
the amount may change based on where you live. In 
California, the payments are the same amount as 
foster care payments. 

•  Approved Relative Caregiver (ARC) or foster care 
program: If the court keeps the juvenile case open 
after appointing you guardian, you can receive ARC 
or foster care payments instead of Kin-GAP. 
•  CalWORKs (cash assistance): In very rare 

situations, you may not qualify for Kin-GAP, foster 
care, or ARC payments. In those cases, you may still 
qualify for CalWORKs payments. If you have a low 
income, you may get a full CalWORKs grant. If your 
income is too high to qualify for a full grant, you may 
still receive a “child-only” CalWORKs grant. 
•  Health care: A child who qualifies for Kin-GAP, 

ARC, foster care, or CalWORKs payments gets health 
care through Medi-Cal. 

•  Independent living program (ILP): Beginning at 
age 16, most children can receive ILP funds and 
services to help them become successful adults. The 
services available depend on the child’s age when 
Kin-GAP payments started. 

Rev. January 1, 2023 

 

Information on Juvenile Court Guardianship 

JV-350-INFO 
Page 5 of 6 

 

   

JV-350-INFO 

Information on Juvenile Court Guardianship 

•  AP voucher and contract-based childcare (including 
CalWORKs Stages 2 & 3): Families with children in 
guardianship qualify for childcare based on income, or if 
they receive CalWORKs cash assistance, or if they are 
experiencing homelessness and the guardian has a 
“need” for childcare, such as working or attending 
school. Families have continuous eligibility for at least 
12 months until recertification, until the child is 13 years 
old or until the child is 21 years old if the child has a 
disability. Families can usually choose the childcare 
setting that best meets their needs.* 

•  California State Preschool Program (CSPP): AP 
voucher and contract-based childcare eligibility 
requirements apply, with some exceptions. CSPP is for 
children ages 4–5; there are no “need” requirements for 
part-day CSPP. CSPPs are located on school campuses 
and in neighborhoods. 

•  Head Start and Early Head Start: Families 

experiencing homelessness or families receiving 
CalWORKs cash payments or Supplemental Security 
Income (SSI) qualify regardless of their income. Other 
families must qualify based on their income. Head Start 
offers comprehensive services to families with children 
ages 3–5 and Early Head Start is for pregnant women 
and children under age 3. 

•  Transitional Kindergarten: No-cost early care & 

education for 4-year-olds offered on school campuses. 
Parents and guardians with childcare subsidies may 
keep their 4-year-old children in non-school settings if 
they prefer. 

Local assistance 
You can get help and information about financial support 
and services from local agencies. For example, if the 
child does not qualify for Kin-GAP, AFDC-FC, or other 
foster care payments, you may still be able to get Social 
Security, Supplemental Security Income (SSI), Medi-
Cal, or other financial help. Contact your local child 
welfare agency if you have questions. 

 Some counties do not allow guardians to choose 
unlicensed family, friend, or neighbor childcare. 

          *

CAN I RECEIVE CHILDCARE ASSISTANCE? 
California offers a variety of publicly funded childcare 
programs that help families with low income, including 
guardians, pay for emergency and long-term, continuous 
childcare. Programs include: CalWORKs childcare; 
Alternative Payment Program (AP) voucher and contract-
based childcare; California State Preschool Program 
(CSPP); Head Start and Early Head Start; and Transitional 
Kindergarten. Many of these childcare programs offer 
special consideration for families caring for children who 
have been formally or informally placed outside their home. 

Every county in California has at least one childcare 
resource & referral agency that helps families find childcare 
and determine whether they qualify for public funding to 
help them pay for it. Parents and guardians can use this 
website to find their local resource and referral agency for 
childcare assistance: https://rrnetwork.org/family-
services/find-child-care. 

The main childcare programs in California are: 
•  CalWORKs Childcare: CalWORKs childcare has 

three stages: 

Stage 1: An entitlement for parents or guardians 
receiving CalWORKs cash assistance or who received 
cash assistance in the past 24 months and are engaged or 
want to engage in a Welfare-to-Work activity. Families 
stay in Stage 1 until they are transferred to Stage 2. 

Stage 2: An entitlement for parents or guardians who 
received CalWORKs cash-assistance in the past 24 
months or a lump-sum diversion payment or services. 
See AP voucher & contract-based childcare, below, for 
eligibility requirements. 

Stage 3: Subject to enough funding, families are 
transferred to Stage 3 after 24 months of receiving cash 
assistance or if they received a lump-sum diversion 
payment or services. See AP voucher & contract-based 
childcare, below, for eligibility requirements  

Families get continuous CalWORKs childcare for 
children in their care, including children in formal and 
informal out-of-home care, for at least 12 months until 
recertification. Childcare is available until the child is 13 
years old or, if the child has a disability, until the child is 
21. Qualifying families should not be put on a waiting 
list for CalWORKs Stages 1 & 2, as these are 
entitlement programs. Families can usually choose the 
childcare setting that best meets their needs.* 

Rev. January 1, 2023 

 

Information on Juvenile Court Guardianship 

JV-350-INFO 
Page 6 of 6 

   

JV-350-INFO 

Information on Juvenile Court Guardianship