Need to Terminate Guardianship Before Entering Extended Foster Care

Q: I am a social worker for a minor with an open guardianship case, where a legal guardianship has been established and the child welfare case has been kept open to enable the provision of services. The minor will turn 18 years-old in December. Do I need to terminate the guardianship in court before she turns 18 in order for her to be eligible for extended foster care?

A: No. The guardianship will end automatically when the minor turns age 18. Since her child welfare case has been kept open and she will have an order for foster care placement on her 18th birthday, she will automatically be in extended foster care, provided she meets all other eligibility criteria for extended foster care. It is not necessary to return to court prior to turning age 18 to terminate the guardianship.

Welf. & Inst. Code § 11400(v)(1); All County Letter 11‐61; All County Letter 11‐69

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: