Utah Admin. Code R512-308-3 - General Guardianship Qualifying Factors
(1)
(a)
Guardianship services refer to services provided to both relatives and
non-relatives who are seeking legal guardianship. The following factors must be
met to qualify for guardianship services.
(b) The child cannot safely return home. This
requirement is met if the court determines that reunification with the child's
parents is not possible or appropriate and the Child and Family Team and
regional screening committee agree that adoption is not an appropriate plan for
the child.
(c) The parent and child
have a significant bond but the parent cannot provide ongoing care for the
child, such as an emotional, mental, or physical disability, and the child's
current caregiver has committed to raising the child to the age of majority and
to facilitate visitation with the parent.
(d) The prospective guardian must:
(i) be able to maintain a stable relationship
with the child;
(ii) have a strong
commitment to providing a safe and stable home for the child on a long-term
basis;
(iii) have a means of
financial support;
(iv) have
connections to community resources to assist with the care of the child;
and
(v) be able to care for the
child without Child and Family Services supervision.
(e) The child has no ongoing care or
financial needs beyond basic maintenance and does not require the services of a
case manager.
(f) There are
compelling reasons why the child cannot be adopted, such as when the child's
tribe has exclusive jurisdiction or the tribe has chosen to intervene in the
adoption proceedings:
(i) under the Indian
Child Welfare Act, 25 USC
Section 1913, a tribe has the right to
determine the child's permanency; and
(ii) for this reason, the tribe has the
authority to approve guardianship with the current caregiver.
Notes
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