Probate Legal Guardianship
0300-503.40 | Revision Date: 7/1/2014

Overview

This policy guide provides information on Probate Court non-related legal guardianship, including how to complete the court report and request AFDC-FC payments for temporary or permanent non-related legal guardians (NRLGs).

Table of Contents

Version Summary

This policy guide was updated from the 06/01/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. This policy guide incorporates content from Procedural Guide 0080-502.15, Non-Related Legal Guardianship Cases from Probate Court, thereby cancelling that policy guide. The title of the policy has been changed from "Writing the Probate Legal Guardianship Court Report".

POLICY

DCFS completes a legal guardianship investigation on proposed non-relative legal guardians for children who are not dependents of the court, per Probate Code Section 1513. The Dependency Investigator (DI) is responsible for writing the Probate Legal Guardianship Report and ensuring the case is assigned to a case-carrying CSW (as appropriate). Juvenile Court Services (JCS) is responsible for processing and sending the referral from Probate Court to the appropriate Regional Office serving the area where the prospective guardian resides. The proposed legal guardian or their attorney is responsible for notice requirements including those required by the Indian Child Welfare Act (ICWA).

Probate Court Referrals

Currently there is no uniform referral form from Probate Court for the investigation and reporting on a legal guardianship petition. The referral packet to complete the GC 212, Confidential Legal Guardian Screening investigation may be provided using:

  • GC 210, Petition for Appointment of Legal Guardian
  • FL-105/GC 212, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
  • PRO 01005-03, Probate Cover Sheet – Certificate for Grounds for Assignment to District
  • PC 1543, Information for Guardianship Investigation, Probate Court Minute Order
  • Or any combination of these documents and any additional attachments

AFDC-FC Payments

AFDC-FC assistance payments are available for non-relative legal guardians or temporary non-relative legal guardians through Probate Court, per CDSS EAS Section 45-203. If an individual has legal guardianship or has temporary letters of guardianship and they request financial assistance, the individual receiving the request must refer them to the Child Protection Hotline (CPH).

DCFS cannot accept or keep probate non-related legal guardianship cases open once the case is determined ineligible for AFDC-FC funding.

To ensure eligibility, the following parties must:

To Ensure Eligibility

Action to Take

CSW responsibility:

  • Ensure that all AFDC-FC requirements are met
  • An Initial Case Plan must be completed within thirty (30) days of the initial face-to-face contact with the child.
  • The Initial Case Plan should reflect that PP services are to be provided in order to assist the legal guardian with AFDC-FC funds. It should also contain goals addressing child-focused developmental issues (i.e. health, education, physical and psychological well-being, and independent living).
  • A Case Plan Update must be completed as often as needed, but at least once every six (6) months.

Legal guardian's cooperation:

  • The legal guardian must cooperate with DCFS' provision of Permanent Placement (PP) services.
  • If the legal guardian does not cooperate with DCFS' provision of PP services, foster care payments will not be made.

The circumstances that prevent eligibility are:

  • No aid can be paid for a child who is living in the same home as their birth or adoptive parent(s).
  • State foster care funds cannot be paid for undocumented children in probate cases since a PRUCOL filing cannot be completed for those cases.
  • Non-related legal guardians are not eligible for Immediate Need payments.
  • If legal guardianship was granted in another state, the legal guardian must be advised that legal guardianship must be obtained in California in order for the child to be eligible for AFDC-FC payments.
  • If the child's residence is different from the legal guardian's, AFDC-FC payments must be denied or stopped.
  • Non related legal guardianship (NRLG) through the probate court is not eligible for Extended Foster Care (EFC), per ACL 11-69.
  • Youth in a NRLG through probate court who are eligible for state-only AFDC-FC benefits can continue to receive state-only benefits up to age nineteen (19) if they continue to meet the high school completion rule.

Permanent Placement (PP) Services

Permanent Placement (PP) services must be terminated under any of the following circumstances:

  • The child has emancipated.
    • The CSW must ensure that the youth is provided a copy of their birth certificate prior to closing the case.
  • The child is not, is or no longer eligible for AFDC-FC.
  • The non-related legal guardian requests termination of services.
PROCEDURE

JCS Responsibilities

  1. Upon receipt of the referral from Probate Court, send the referral to the Regional office DI SCSW who is serving the area where the prospective guardian resides for investigation.
    • Include an email notification with the hearing date information.
  2. Send a copy of the referral to Revenue Enhancement.
    • Revenue Enhancement will conduct outreach efforts to the prospective legal guardian.
  3. Track the receipt of the report or continuance request in the designated office log.
  4. If there is a continuance request, notify the CSW and SCSW via email.
  5. Five (5) business days before the hearing, send a reminder to the DI, DI SCSW, and DI ARA that the report is due to JCS two (2) business days before the hearing (regular requests), and three (3) business days before the hearing (continuance requests).
  6. If a continuance request is received from the DI, forward the request to the Probate Court at least two (2) business days before the scheduled hearing date.
  7. Upon receipt of the Probate Investigation report, fax it to the appropriate Probate Court.
  8. Obtain the court results/minute order and provide to the assigned CSW/SCSW.

DI SCSW Responsibilities

  1. Upon receipt of the referral from Probate Court, check CWS/CMS to ensure that there is no other open case.
  2. If the proposed legal guardian has temporary letters of guardianship and they request financial assistance, assign the Transfer Desk Inbox as the primary and the DI as secondary.
    1. Alert the Transfer Desk.
    2. Complete a DCFS 4366, Children Services Case Transfer Sheet
      1. In the note section, indicate that a case-carrying CSW needs to be assigned for a non-relative probate case.
    3. Attach a copy of the referral packet from Probate Court.
      • Once assigned, the case-carrying CSW will initiate the processing of the funding request.
  3. Review the case and highlight any areas of concern (i.e. funding issues) that need to be addressed prior to forwarding the case to the DI.
  4. If a continuance request is needed, review and approve the DCFS 4216, Last Minute Information for the Court.
    • The DCFS 4216 is submitted by the DI and forwarded to the ARA for approval.
  5. Once the complete DCFS Probate Investigation Report is received from the DI, review the report and any supporting documents.
    1. If approved, sign and date the report and return the packet to the CSW.
    2. If the recommendation is for denial of the guardianship petition, forward the report and documentation to the DI ARA for review and approval prior to sending the report to JCS.
  6. Upon CSW request, approve case transfer or closure (as appropriate).

DI Responsibilities

  1. Prior to interviewing the proposed legal guardian(s), review the petition and/or the referral documents to verify that the required information is complete.
    1. Note any areas of concern that should be addressed.
    2. Request the proposed legal guardian(s) provide any information (as needed).
  2. Conduct a face-to-face interview with the proposed legal guardian(s) to obtain information for the legal guardianship investigation and report. In addition to the interview with the legal guardian(s), make a face-to-face contact with all the children named on the petition.
    • The face-to-face contact should take place in the home of the prospective guardian(s) to assess the condition of the home.
    • Interviews with the children should take place in the home where they are currently residing.
  3. During the interview, ask the proposed legal guardian if they would like to request AFDC-FC funding if legal guardianship is granted.
    1. Explain the process of funding eligibility determination, and if appropriate, DCFS supervision.
    2. If the proposed legal guardian is not requesting AFDC-FC funding, advise them that if they requests funding in the future (when the case is no longer assigned to the DI), they will need to call the CPH.
      1. Advise the proposed legal guardian that the youth in their care is not eligible for Extended Foster Care (EFC) if the guardianship is granted through Probate Court.
        • If the proposed legal guardian is not requesting and/or is determined ineligible for AFDC-FC funding, the case will be closed upon completion of the investigation report and receipt of the minute order with the orders from Probate Court.
  4. Document all contacts and the discussion regarding future funding requests in the Contact Notebook.
  5. Prior to creating the Probate Legal Guardianship Report, review the online case records to ensure that all identifying information (i.e. names, address, etc.) is recorded and current.
    • Update records as needed.
  6. If unable to complete the report in time for the court hearing, fax a continuance request using the DCFS 4216, Last Minute Information for the Court to the JCS liaison at least three (3) business days before the hearing.
    1. Provide a brief explanation as to why a continuance is needed.
    2. Submit the report to the DI SCSW and DI ARA for approval.
      • Continuance requests can be made for up to thirty (30) days.
  7. Access and save the Probate Legal Guardianship report through the Case Management Notebook, Case Plan Folder.
    1. Click on "Create New Document"
    2. Select "Los Angeles County" in the drop down menu
    3. Click on "DCFS Probate Investigation Report"
  8. Complete the Probate Investigation Report.
    1. On the top of the page, provide the Probate Court address, hearing date, and department number in each respective field.
    2. Complete the Probate Investigation Report by filling in the information under each of the headings in DCFS Probate Investigation Report Information.
  9. Once complete, print, sign, and date the hard copy of the Probate Investigation Report, and submit the report, and all supporting documents to the SCSW, and ARA (if applicable) for review and approval.
  10. Once the report is approved, fax the court report to the JCS Liaison at (323)881-0183.
  11. Upon receipt of a copy of the minute order:

Status of Legal Guardianship

Action to Take

If the legal guardianship was granted, and the case has already been assigned to a case-carrying CSW for funding purposes:

  • Forward the case file to the DI SCSW to end-date the DI secondary assignment
  • Forward the file to the case-carrying CSW

If the legal guardianship was granted, the legal guardian requests funding, and the case has not already been assigned to a case-carrying CSW:

  • Complete a DCFS 4366, Children Services Case Transfer Sheet.
  • In the note section, indicate that primary assignment needs to be changed to a case-carrying CSW for a non-relative probate case.
  • Send the case file to the Transfer Desk

If the legal guardianship was granted, the legal guardian is not requesting, or was determined ineligible for AFDC-FC funding, and there is no case-carrying CSW assigned to the case:

  • Close the case
  • If there is a case-carrying CSW assigned to the case, the case-carrying CSW will close the case.
  • Advise the legal guardian that in the event they would like to request funding in the future or if the child's circumstances change and they are eligible for AFDC-FC funding in the future, the legal guardian must call the Child Protection Hotline (CPH).

If the legal guardianship was not granted, there is no case-carrying CSW assigned to the case, and there are no safety/child abuse and/or neglect concerns:

  • Close the case

If the legal guardianship was not granted, and there is a case-carrying CSW assigned to the case:

  • Advise the CSW that the legal guardianship was not granted.
  • Forward the case to the DI SCSW to end-date the DI secondary assignment.
  • Forward the file to the case-carrying CSW for case closure.

If the Probate Court Report recommends the denial of the guardianship petition:

  • Send the Probate Court Report for review and approval to the DI ARA.
  • Upon sending, fax it to JCS.
  • Consult with County Counsel as needed.

ARA Responsibilities

  1. Review any recommendation for denial of the guardianship petition.
    1. Ensure that the report provides a comprehensive alternate plan if guardianship is not recommended.
    2. If approved, sign the form.
    3. If not approved, send it to the SCSW/DI for corrective action.

CPH CSW Responsibilities

  1. After determining that there are no allegations of abuse and/or neglect obtain SCSW approval and complete an Alert form for a Request for Financial Assistance and a CSW Information/Consultation Call Sheet.
    1. Annotate "Probate Guardianship" on the CSW Information/Consultation Call Sheet
      • The legal guardian can call the CPH ARA number (213)765-07260 directly. In these cases, the ARA secretaries complete the Request for Financial Assistance and CSW Information/Consultation Call Sheet, and forward them to the SAAMs Unit for processing.
  2. Forward the Request for Financial Assistance and the CSW Information/Consultation Call Sheet to the SAAMs Unit Supervisor of the regional office serving the area where the caller resides.
    • The SAAMs Unit will create the case and assignment.

SAMMS Unit Supervisor Responsibilities

  1. Within two (2) days of receiving the SAAMs request, complete the request and forward the Alert form for a Request for Financial Assistance to the appropriate Transfer Desk for assignment.
    • The Transfer Desk staff will forward the CSW Information/Consultation Call Sheet to the assigned SCSW.

Regional SCSW Responsibilities

  1. Within three (3) days of receiving the case, create a case without a referral in CWS/CMS.
    • If the referral to CPH was initiated by the DI and/or there is already a case opened by the DI, this step is not necessary.
  2. Assign the case to a case-carrying CSW.

Case-Carrying CSW Responsibilities

  1. Schedule a face-to-face visit within five (5) business days of receiving the case to ensure the safety of the child, verify the order for legal guardianship or temporary guardianship, and obtain a copy of the order.
  2. If the home is appropriate according to DCFS standards and the legal guardianship order (temporary or permanent) is verified, within two (2) days of the home visit, initiate a DCFS 280, Technical Assistance Action Request for foster care payments.
    • Provide a copy of the guardianship/temporary guardianship document to the Eligibility Worker (EW).
  3. Complete the Initial Case Plan within thirty (30) days of the initial face-to-face visit with the child.
  4. Complete Case Plan Updates every six (6) months in lieu of court reports.

Case-Carrying CSW Responsibilities

  1. Inform the non-related legal guardian that the AFDC-FC payment from LA County will be discontinued when their residence is no longer in LA County and that they will have to reapply for AFDC-FC in their new county of residence.
    • Notify the Eligibility Worker (EW) that foster care payment must be stopped using the DCFS 280, Technical Assistance Action Request.

Case-Carrying CSW Responsibilities

  1. If the guardianship is not approved and the parent is not available to assume custody of the child, initiate the appropriate child abuse/neglect referrals for the child.
    1. If the temporary legal guardian is receiving financial assistance, notify the Eligibility Worker (EW) to stop financial assistance.
    2. If the EW determined that the case is not eligible for AFDC-FC funding, and there are no safety and/or child abuse or neglect concerns, close the case.

Case-Carrying CSW Responsibilities

  1. Advise the legal guardian to consult an attorney or a legal services agency to discuss their options, including any potential adverse financial consequences like the end of AFDC-FC funding and possible AAP ineligibility.
  2. If the legal guardian needs/wants more information regarding the independent adoption process, refer them to the Independent Adoption Unit at (213)351-0161.
  3. After receiving notice that the adoption has finalized, immediately close the case.
APPROVALS

SCSW Approval

  • Case Assignment, Transfer, or Closure
  • Continuance Request
  • CSW Information/Consultation Call Sheet
  • DCFS 280
  • Probate Investigation Report
  • Request for Financial Assistance

ARA Approval

  • Continuance Request with recommendation of denial of guardianship
  • Probate Investigation Report with recommendation of denial of guardianship
HELPFUL LINKS

Attachments

Probate Investigation Report Information

Forms

LA Kids

CSW Information/Consultation Call Sheet

DCFS 280, Technical Assistance Action Request

DCFS 4216, Last Minute Information for the Court

DCFS 4366, Children Services Case Transfer Sheet

Hard Copy

CSW Information/Consultation Call Sheet

GC 210, Petition for Appointment of Legal Guardian

GC 212, Confidential Legal Guardian Screening Form

FL-105/GC121, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act

PC 1543, Information for Guardianship Investigation, Probate Court Minute Order or any combination of these documents

PRO 01005-03, Probate Cover Sheet – Certificate for Grounds for Assignment to District

Request for Financial Assistance

REFERENCED POLICY GUIDES

0050-501.10, Child Abuse and Neglect Reporting Act (CANRA)

0080-502.10, Case Plans

0100-535.25, Extended Foster Care (EFC) Program

1200-503.20, Creating a Case without a Referral: ICPC, Probate Legal Guardian, and Probate Court

STATUTES AND OTHER MANDATES

California Department of Social Services, Eligibility and Assistance Standard Manual (CDSS EAS), Section 45-203 – Authorizes the payment of TANF-FC assistance to non-related legal guardians and temporary guardians.

CDSS, Manual of Policies and Procedures (MPP) Division Sections 31-201-210 – Sets forth the requirements for the preparation of Case Plans.

Probate Code (PROB) Section 1459 – States the provisions concerning Indian child proceedings.

PROB Sections 1510-1517 and 1540-1543 – States who may file a petition for appointment of guardianship of a child and what information must be entered on the petition and the instructions on disclosing information of other pending proceedings, timeframes, and to whom notices are to be sent.

PROB Section 1513 – States, in part that investigations where the proposed guardian is a non-relative, must be made by the County Agency designated to investigate potential dependency if all of the following requirements are satisfied:

  • One or both parents do not have the legal custody of the child.
  • The child has been in the physical custody of the guardian for a period of no less than two (2) years.
  • The court finds that the child would benefit from being adopted by their guardian. In making this determination, the court shall consider all factors relating to the best interest of the child, including, but not limited to, the nature and extent of the relationship between all of the following:
  • The child and the birth parent. (B) The child and the guardian, including family members of the guardian. (C) The child and any siblings or half-siblings.
  • This section does not apply to any child who is a dependent of the juvenile court or to any Indian child.

The Statute also includes the investigation and discussion required for the report.

PROB Section 1513(h) – States that in an Indian child custody proceeding, the person making the investigation and report must consult with the Indian child's tribe and include any information provided by the tribe in the report.

PROB Section 1516.5 – States, in part that a proceeding to have a child declared free from the custody and control of one or both parents may be brought in to the guardianship proceeding pursuant to Part 4 (commencing with Section 7800) of Division 12 of the Family Code, if certain requirements are satisfied.

Welfare and Institutions Code (WIC) Section 366.4 – States, in part that provisions related to nonminor dependents do not apply to probate cases.

WIC Section 11401 – States that AFDC-FC aid must be provided on behalf of any child under the age of eighteen (18), except as provided in WIC Section 11403.

WIC Section 11403 – Sets forth the eligibility requirements for AFDC-FC funding.