Florida dependency (foster care) cases can end in a variety of ways. The child may be reunified with her parents if they show the court that they have resolved the family problems that caused removal in the first place. If that doesn’t happen, the court may terminate the parents’ rights and allow the child to be adopted. Or, the case may end through a “permanent guardianship.” 

Permanent guardianship may be beneficial for some foster children. Some benefits include:

1. Stability and Security: Permanent guardianship provides children with stability in a familiar family setting. This stability can be crucial for children who have experienced placement disruptions and trauma in their lives.
2. Legal Authority: A permanent guardian gains legal authority over the child, including the ability to make important decisions regarding the child’s education, healthcare, and general welfare.
3. Financial Support: Permanent guardians who are foster licensed in Florida are eligible for monthly financial assistance, including subsidies and assistance programs, to help cover the costs associated with caring for the child. Children may also benefit from college tuition waivers through permanent guardianship if their guardian receives Florida licensure.
4. Continuity of Relationships: Permanent guardianship allows children to maintain important relationships with their biological parents if those relationships are healthy and beneficial to the child.
5. Legal Recognition and Protection: Permanent guardianship is a legally recognized arrangement, providing both the child and the guardian with legal protection and rights.
6. Expedites Permanency: Permanent guardianship is also often easier to obtain than a termination of parental rights. Legal parents who fail to reunify with their children are often more open to agree to a permanent guardianship than an adoption.

Overall, permanent guardianship may offer a stable and supportive alternative for children who cannot be cared for by their biological parents, allowing them to thrive in a loving and nurturing environment while maintaining a healthy connection to their biological family.

Still, drawbacks to permanent guardianship exist:

1. Limited Legal Authority: While permanent guardians have legal authority over the child, they may not have the same rights as biological parents in certain situations, such as making decisions about the child’s inheritance or choosing another guardian in their estate documents.
2. Financial Responsibility: Financial benefits to permanent guardians are finite. Permanent guardians bear the full financial responsibility for the child’s care as state funding only goes so far. Depending on the circumstances, the financial burden of raising a child can be significant.
3. Emotional and Psychological Challenges: Both the child and the permanent guardian may face emotional and psychological challenges associated with the transition to a new family dynamic. “Permanent” guardianship is a misnomer. Guardianships that originate in the child welfare system may not be permanent. The fact that biological parents maintain their legal rights, while their children are being raised by another person makes these arrangements emotionally complex and stressful.
4. Legal Complexity: Not only are the guardianships emotionally complex, but they are legally complex as well. Permanent guardianship is disfavored by the courts over adoption, and it can only be ordered by a juvenile judge after adoption has been ruled out. Therefore, the process of obtaining permanent guardianship can be legally complex and may involve court proceedings, paperwork, and ongoing monitoring by the court system. This can be time-consuming and costly, especially if legal assistance is required. Moreover, once a permanent guardianship is ordered by the Juvenile Court and the dependency case is “closed,” the legal parent still maintains the right to petition the Court for a modification of that order and increase the legal complexity of the case.
5. Potential for Disruption: Permanent guardianship is intended to provide stability for children, but there is always the potential for disruptions or changes in the guardian’s circumstances that could impact the child’s living situation.
6. Limited Support Services: While there are support services available for guardians and children in permanent guardianship arrangements, these services may be limited in scope or availability, depending on the resources in the community.
7. Legal Obligations: Permanent guardians may have legal obligations to the child, including providing for their basic needs and ensuring their well-being, which can be challenging to fulfill, especially in cases of financial hardship or other difficulties.

Overall, while permanent guardianship can provide a stable and supportive environment for children who cannot live with their biological parents, it is important to consider the potential drawbacks and challenges associated with this arrangement. In some cases, permanent guardianship could later lead to adoption.

If the parental rights have not been terminated, the parents may reopen the dependency case to ask for reunification or increased visitation. Jay & Campbell represents both parents reopening a case to reunify, as well as permanent guardians who need the security of being an adoptive family.