[NotDoneYet]

So I am way jumping the gun here as we've only had FD for 3 months, but SW did ask if we would be interested in adoption or guardianship if it comes to that. So, general consensus on this board is that adoption is the more favorable option and guardianship is not a good idea. FD has many medical needs and for that reason I very much prefer the idea of adoption because, as I understand it, with guardianship you don't have the right to make major medical decisions. Because we will be facing many major medical decision with Xena I would really like the right to make those decisions if they seek permanency options.

Anyways, she asked if we would consider adopting. I said definitely yes. She asked if we would consider guardianship, we said maybe. Like I said, REALLY do not like that option, but if we tell them no, will they look for someone else who will take guardianship? I doubt they will find someone who would anyways because they had such a hard time placing her as a foster placement but what if they did? We would definitely take guardianship over losing her. I guess, what I am trying to ask if it comes to permanency, how do we stand on our ground on adopting VS guardianship without risking losing her? I doubt my agency will be much help advocating for it because they aren't very experienced with adoptions.

Ignore my spelling mistake in the subject line, thats going to drive the OCD in me CRAZY!!

[Ians mom]

When our CW asked we said we would adopt without hesitation and we would consider guardianship if there was no other option. In the end the judge told the prosecuter (off the record of course) that there was no way he would grant TPR in our case so we took guardianship and then did a private adoption a year later.

[Withay]

OCD issue no more.

[NotDoneYet]

Originally Posted by Ians mom

When our CW asked we said we would adopt without hesitation and we would consider guardianship if there was no other option. In the end the judge told the prosecuter (off the record of course) that there was no way he would grant TPR in our case so we took guardianship and then did a private adoption a year later.

Are you able to share why they wouldnt consider adoption? If its a money issues I'd much rather adopt with a Medicaid only subsidy and get rights to make medical decisions.

[inshape]

Maybe someone could school me, but isn't guardianship just another name for fostering? I wouldn't mind keeping a LT placement until they turned 18 but without having that responsibility after.

[Loving4ward]

Originally Posted by inshape

Maybe someone could school me, but isn't guardianship just another name for fostering? I wouldn't mind keeping a LT placement until they turned 18 but without having that responsibility after.

No it is my understandign with guardianship, the case is closed and you have to take care of all the visits, etc. Their rights aren't terminated and they can try to get them back at any time at your expense. Your stipend stops too.

[inshape]

Originally Posted by Loving4ward

No it is my understandign with guardianship, the case is closed and you have to take care of all the visits, etc. Their rights aren't terminated and they can try to get them back at any time at your expense. Your stipend stops too.

That doesn't sound good. Thanks for the explanation.

[Lolley33]

I was presented with that option as well. My STBAS's biodad said he wouldn't oppose guardianship but he did not want him to be "adopted out". He never did anything to work towards getting custody of my STBAS himself though, so I don't even know why they (CYS) even entertained him with that choice. Long story short, I declined because I do not see anything about permanency in guardianship. BioDad could petition the courts after I had taken guardianship and we would have gone back & forth in court because I would have fought it hard. I think the agency was just trying to get rid of one more case. It would have no longer been in their hands once I had guardianship.

[home2six]

I'm in Canada so maybe it's different, but here we make all decisions regarding the child. In our case our little guys parents are TPR but he is native and in order to for him to remain a member of his tribe our only option for permanency is private guardianship. So we can homeschool if we want to, make all decisions regarding health, move anywhere we want to and decide if we remain open with bio family or closed. The only difference that is glaring is he keeps his last name but when he turns 12 we can legally adopt him if he decides he wants to share our last name.

[phxmama]

Inshape,
In AZ you can continue to get the stipend with permanent guardianship and I am betting you can in most other states. Guardianship allows you to make all decisions but does not require you to support the child. CPS is no longer involved. Whether or not the parents visit is entirely up to you. If parental rights were not severed, parents could go to court and seek custody back, but they are going to have to pay the costs. If you contest and hire an attorney, yes it would likely be your expense, but would be a waste of money because the judge in most cases would have to return to parents. Honestly if the child had mental health or developmental needs I think I would prefer this route.

[Ians mom]

Are you able to share why they wouldnt consider adoption? If its a money issues I'd much rather adopt with a Medicaid only subsidy and get rights to make medical decisions.
__________________
Not Done Yet

We live in a VERY small community and the family court judge has been on the bench for 20+ years, before that he was an attorney in the area. He knows the biofamily...I mean he REALLY knows the biofamily.

He represented both biograndparents several times in battery, domestic violence and several felony assult cases.
He represented one of them in the divorce.
As a judge he allowed the biomom and her siblings to stay with her parents through domestic violence, child abuse and a multitude of other issues.
He presided over the previous 2 open cases biomom had with CPS and allowed the children to return home.
He presided over the domestic violence cases biomom had with her signifigant others over the years.
I think he feels guilty for leaving her and her siblings in such a mess so now that she was in front of him he tried to give her as much consideration as he could.
He did TPR eventually for a private adoption but it took 3 years of my sons life , and 12 years after biomom's first CPS case for that to happen.
I believe that he should have excused himself from the case.

[phxmama]

Guardians do have the right to make medical decisions, unless the Court places restrictions on the guardianship.