sECTION 15:

Most parents recognize when they are facing overwhelming challenges and need support in caring for their child. They also know what is in their child’s best interest. By taking proactive steps, you can choose a trusted family member or friend and grant them guardianship, allowing you to regain stability and seek help without DCYF controlling the situation or making decisions for you.

Opting for guardianship instead of DCYF removal gives you far more control. Unlike a dependency case, which is subject to court and agency decisions, a guardianship can last as long as necessary until you are ready to resume care. The main drawback is that the state will not provide services or financial assistance as they would in a dependency case—but in return, you maintain authority over what happens to your child while working to get back on your feet.

However, it is crucial to choose a guardian you trust completely. Once guardianship is in place, the guardian has legal authority over the child, meaning they could refuse to return custody when you are ready. This is why selecting a reliable and supportive person is essential.

Emergency vs. Long-Term Guardianship

• Emergency minor guardianships are temporary and must be converted into a more permanent guardianship. However, this does not mean your child is permanently placed elsewhere. If the guardian sees that you are stable and ready to resume care, they can agree to dismiss the guardianship without complications.
• If you need longer-term support, you can keep the guardianship in place without the risk of having your parental rights terminated—something DCYF could pursue in a dependency case.
• If circumstances change and guardianship proves to be the best long-term option, you can formalize it accordingly.

Most importantly, you, not DCYF, remain in control of your child’s future. You also have the flexibility to choose a guardian who lives out of state, something that would be far more complicated if DCYF were involved. Taking action before the state steps in ensures your child stays with someone you trust, rather than being placed into foster care.

Establishing guardianship transfers custody from you to the guardian, which can prevent DCYF from intervening, as your child is now legally under the guardian’s care. This ensures their safety and keeps their placement within your control.

What Happens Without Guardianship?

If DCYF determines that your child needs to be removed from your care, they will typically attempt to place them with a family member. However, if DCYF does not approve of your chosen family member or friend, they may recommend foster care instead.

Reasons for disqualification can be as minor as:

• An old criminal charge on the person’s record, even from years ago.
• Past involvement with CPS, which DCYF may consider a red flag.
• Another individual living in the household whom DCYF deems unsuitable.

If DCYF opposes your choice, the matter must go to a hearing, where the final decision rests with the court—an unpredictable and lengthy process. However, these same disqualifiers do not necessarily prevent someone from being appointed as a guardian in a private guardianship case. Unlike DCYF placements, which follow strict agency guidelines, guardianship is a court-driven process that allows parents to choose a trusted person to care for their child, even if that person wouldn’t meet DCYF’s placement standards. This means that a past CPS case or an old criminal charge does not automatically block someone from becoming a guardian. Instead, the court considers the best interests of the child, the parent’s wishes, and the overall stability of the guardian’s home.

By proactively securing a guardianship, you maintain control over who cares for your child, preventing unnecessary delays, hearings, and the possibility of your child being placed into foster care.

Why Private Guardianship is the Better Option for Out-of-State Placements

If DCYF removes your child and you become court-involved, placing them with an out-of-state guardian becomes a long and complicated process. Instead of a simple transition, the state must initiate a dependency proceeding, followed by an ICPC (Interstate Compact for the Placement of Children) application. This requires both states’ child welfare agencies to communicate, approve the placement, and conduct home studies—a process that can take anywhere from 6 to 18 months. During this time, your child is likely to remain in foster care, away from familiar faces and stability.

However, if you establish a guardianship before DCYF steps in, you completely bypass this drawn-out process. Your child can be placed with a trusted family member or friend—someone out of state—without waiting months or years for bureaucratic approval.

Acting early prevents DCYF from controlling the placement process and ensures your child stays in a safe, familiar environment of your choosing. Simply put, a private guardianship is a faster, more secure option that avoids the delays, restrictions, and uncertainty of a DCYF-involved placement.