{"id":37510,"date":"2026-03-25T20:58:06","date_gmt":"2026-03-25T20:58:06","guid":{"rendered":"https:\/\/caseyfamilyv2.wpengine.com\/?p=37510"},"modified":"2026-08-05T22:09:03","modified_gmt":"2026-08-05T22:09:03","slug":"permanencia-de-la-tutela-bienestar","status":"publish","type":"post","link":"https:\/\/www.casey.org\/es\/guardianship-permanency-wellbeing\/","title":{"rendered":"\u00bfC\u00f3mo puede la tutela apoyar la permanencia y el bienestar?"},"content":{"rendered":"
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Tania had never met her niece, Naomi, when she found out the 4-year-old had been placed in foster care.1<\/sup><\/a> A single mother with one adult son, Tania recently had accepted a promotion at work and was not anticipating raising another child \u2014 yet she felt a calling to support Naomi. The pair bonded instantly and Tania soon became more than Naomi\u2019s aunt.<\/p>\n

She became her foster parent and, in time, her permanent guardian.<\/p>\n

Naomi, now 11, is one of about nearly 2.5 million children<\/a> who live with grandparents, aunts and uncles, other relatives, or close family friends (collectively referred to as kin<\/em>). The vast majority of these kin support their families outside of the child welfare system and, as a result, receive very little \u2014 if any \u2014 outside support despite providing a safe and stable home for children who need it.<\/p>\n

The federal Children\u2019s Bureau articulates two primary goals<\/a> for improving the well-being of children: (1) focus on prevention as a means to reduce the need for formal involvement with the child welfare system, and (2) keep children connected to their extended families and communities when removal from the home cannot be avoided.<\/p>\n

Guardianship, as part of a strong kin-first<\/a> continuum, can support both of these goals. This Casey Family Programs strategy brief provides an overview of guardianship arrangements, describes benefits of placing children with guardians, and offers considerations for improving the use of guardianship as a permanent placement option for children.2<\/sup><\/a><\/p>\n

Varying definitions of guardianship<\/h2>\n

When children must be removed from their families, federal law requires they be placed in the least restrictive, most family-like setting possible, and placement with kin is considered less restrictive than non-kin foster care. Many placements with kin occur within the context of guardianships. Whether guardianship is secured formally as an exit from child welfare or without system involvement, its policy is complex, rife with inconsistent definitions and practices across the country.<\/p>\n

Definitions of guardianship and terms of orders vary by state<\/a>. Most states use the term guardianship<\/em>, while others use the term legal custody<\/em>, and some use both, depending on circumstances.<\/p>\n

At a minimum, guardians in all states provide care and protection, and are able to make decisions on behalf the child regarding schooling and routine medical care. A child needs to have been living with a licensed kinship foster parent for six months before guardianship can be considered a permanent placement. Guardianships secured as a form of permanency for a child are eligible to receive monthly assistance through the federal Title IV-E Guardianship Assistance Programs (GAP).3<\/sup><\/a><\/p>\n

Monthly subsidies<\/a> to guardians and policies on who can be considered a guardian vary from state to state. As of 2018 (the most recent year for which comprehensive information is available), 11 states did not include fictive kin in their definition of kin for purposes of GAP (fictive kin<\/em> are close family friends who are not related by blood).<\/p>\n

Positive impacts<\/h2>\n

Guardianship provides many vital benefits to children and families, including:<\/p>\n

Permanency.<\/strong> While more research is needed, evidence suggests that subsidized guardianship (families are receiving GAP benefits) leads to improved permanency. An evaluation<\/a> of a federal subsidized guardianship waiver demonstration project in Illinois (conducted before GAP became a federally funded option for all states) found that subsidized guardianship not only increased the percentage of children achieving permanency, it also sped up the rate of permanency, particularly for children ages 6 to 13.<\/p>\n

Well-being.<\/span><\/b> The vast majority (92%) of children in <\/span>subsidized guardianship in Illinois felt \u201clike part of the family\u201d most or all of the time. <\/span>Another evaluation<\/span><\/a> of subsidized guardianship demonstrations found that children in guardianship increased stability, appreciated \u201cshedding the social stigma\u201d of being in foster care, and experienced greater freedom to participate in normal childhood activities.<\/span><\/p>\n

Connection to kin.<\/strong> Guardianship offers children the stability of a permanent home while maintaining connections to relatives or fictive kin. Since guardianship does not sever parental rights and responsibilities, it can allow for continued bonds between children and their birth families. As such, guardianship is an important option for children who do not want to sever ties to their birth family, for caregivers who do not want to legally change their relationship to the child and become their \u201cparents,\u201d and for birth parents who want to maintain connections to their children but are unable to care for them due to illness or disability. Guardianship also can promote permanency in communities where termination of parental rights violates cultural norms.<\/p>\n

Financial supports.<\/strong> Financial subsidies help guardians navigate the extra expenses they incur as a result of caring for a child long-term. Under GAP, children who have exited foster care to live permanently with kin maintain eligibility for Medicaid, which is another important economic benefit for kinship families.<\/p>\n

Cost savings.<\/strong> Subsidized guardianship costs significantly less than foster care due to savings in court and agency supervision costs and interventions, thereby allowing those resources to be used to support other families in need. The average annual cost per child<\/a> served by GAP in fiscal year 2016 was $9,513, while the annual cost of a child living in foster care was $59,056.<\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

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Guardianship as a prevention strategy<\/strong><\/h3>\n

For every one child in foster care living with a relative,\u00a018 children<\/a>\u00a0live with relatives without any formal child welfare involvement. Kin who care for children outside of the child welfare system \u2014 even those who are court-ordered guardians \u2014 receive relatively few supports. More resources should be directed to kinship caregivers and guardians, given their important role in keeping children safe and preventing them from experiencing the trauma of entering foster care.<\/p>\n

Washington, D.C.<\/strong>\u2019s Grandparent Caregivers and Close Relatives Programs<\/a> provide monthly subsidies to low-income residents who are raising grandchildren, great-grandchildren, great nieces, great nephews, siblings, nieces, nephews, and cousins. These programs, which fall under the D.C. Child and Family Agency\u2019s\u00a0Four Pillars<\/a>\u00a0strategy to safely keep children from entering foster care, is specifically for families without child welfare involvement. The Grandfamilies & Kinship Support Network, a national technical assistance center for those who serve grandfamilies and kinship caregiver families, graded it an exemplary program<\/a>.<\/p>\n

Louisiana\u2019s<\/strong>\u00a0Kinship Care Subsidy Program<\/a>, funded by the state\u2019s Temporary Assistance for Needy Families (TANF) block grant, provides monthly cash assistance to relatives taking care of children. Within one year of being certified as eligible for the program, the relative must be granted legal custody or guardianship by a court or provisional custody by the child\u2019s parent.<\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

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Federal policies and programs<\/h2>\n

Subsidized guardianship demonstration projects have shown increased rates of permanency (without negatively impacting reunification rates<\/a>), increased placement stability, and decreased agency costs. They also informed legislation expanding federal support for guardianship.<\/p>\n

States have offered subsidies to guardians since the early 1980s, but federal assistance for guardians was not available until passage of the Fostering Connections to Success and Increasing Adoptions Act<\/a> in 2008. In contrast, federal adoption assistance for families has been available since 1980.<\/p>\n

GAP, which was authorized through the Fostering Connections Act, incentivizes the use of relative guardianship for children in foster care, permitting states and Tribes to use federal Title IV-E child welfare funds to subsidize relative guardianship up to the same rate as the state\u2019s foster care subsidy.<\/p>\n

The federal Administration for Children and Families developed instructions for states on how to implement and operate GAP<\/a>, which is available for children who have been under the care of licensed relative foster parents for at least six months and for whom adoption or reunification are not appropriate options. As of December 2023, 42 states, the District of Columbia, Puerto Rico, the Virgin Islands, and 11 Tribes have approved GAP plans<\/a>.<\/p>\n

Challenges and areas for improvement<\/h2>\n

Despite federal law supporting its use, guardianship is underutilized as a permanency option for children who are unable to return home to their parents. Guardianship was the case plan goal for only 4% of children in foster care<\/a> on September 30, 2022, though 11% of children who exited foster care during fiscal year 2022 exited to a guardianship. Rates of exit to guardianship were 18% for Native American children, 12% each for Latino children and Black children, and 11% for white children.4<\/sup><\/a><\/p>\n

The effective utilization of guardianship could be improved in a number of ways.<\/p>\n

Identify family members<\/h3>\n

When a child needs placement outside of the home, it is important to prioritize family members<\/a> from the start. Fostering Connections requires Title IV-E agencies to find all adult relatives within 30 days and notify them of their option to become a placement resource, but fathers and other paternal relatives often are overlooked<\/a>. The Grandfamilies & Kinship Support Network has created a kin-finding toolkit<\/a> with 22 promising practices to assist in identifying kin.<\/p>\n

\u201cI wish there was more thinking outside of the box in terms of guardianship,\u201d said divina cordeiro, an alumna of foster care. \u201cI was aware that I had family members but my social worker would say, \u2018I left a voicemail,\u2019 and that was the end of the pursuit for that connection or that placement.\u201d<\/p>\n

In Tania\u2019s case, the child welfare system did not reach out to her as an aunt of Naomi. Instead, she reached out to caseworkers when she learned from another family member about Naomi\u2019s removal from home and potential placement in foster care.<\/p>\n

Provide information to families<\/h3>\n

Guardians caring for children need to understand all of their options. Kinship navigator programs<\/a> increase social support, improve family resources, and improve child safety and placement stability by providing prospective guardians assistance in applying for supports.5,6<\/sup><\/a><\/a><\/sup> The Family First Prevention Services Act of 2018<\/a> provides federal funding for evidence-based kinship navigator programs. As of November 2024, six states <\/a>\u2014 Arizona, Colorado, Florida, Nevada, Ohio, and Washington \u2014 have programs that meet the quality standards of the Title IV-E Clearinghouse.<\/p>\n

In addition, caseworkers need to be transparent in informing prospective guardians about the backgrounds and experiences of the children coming into their care, as well as the benefits and requirements of various legal options, including what would happen to the children in the event they were no longer able to care for them.7<\/sup><\/a>\u00a0Caseworkers must begin these conversations early to ensure that caregivers\u2019 decisions are well-informed, which can minimize placement instability. Some states have created resource guides for kin caregivers<\/a>, including New Hampshire<\/strong><\/a>, New York<\/strong><\/a>, Ohio<\/strong><\/a>, and Wisconsin<\/strong><\/a>.<\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

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I knew nothing about the system. The social workers didn\u2019t tell me anything about the system. I just knew this was my niece. I figured they were telling me everything I needed. They were not.<\/p>\n<\/blockquote>\n

— Tania, Kinship Guardian<\/cite><\/figcaption>\n <\/div>\n\n <\/div>\n<\/figure>\n\n\n
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Ongoing support<\/h3>\n

Proactive services should be provided both before and after guardianship is established to support families<\/a>, and the Children\u2019s Bureau recommends that all children exiting foster care and their guardians access post-guardianship services. Services include providing support groups; helping children cope with separation, loss, and trauma; understanding how to meet children\u2019s challenges and needs (behavioral, emotional, developmental, intellectual, and physical); providing information and training for birth parents and caregivers; and helping meet financial and material needs.<\/p>\n

The Statewide Adoption and Permanency Network<\/a> in Pennsylvania<\/strong> provides critical post-permanency support for guardians, including assessment, case advocacy (including connections to local resources for mental health and educational services), respite, and support groups. Similarly, the Adoption and Guardianship Enhanced Support intervention<\/a> in Wisconsin<\/strong> provides assessment, planning, and other services to families dealing with post-permanency issues.<\/p>\n

Child protection agencies typically do not track the well-being of children and families who have exited foster care. Jurisdictions relying on administrative data to identify families in need of additional support may be overlooking those at risk of post-permanency challenges. A survey of caregivers in four states found that families reached through broad, universal outreach reported more child behavior problems and higher levels of caregiver strain than families identified based on specific risk factors noted in administrative data.8<\/sup><\/a><\/a> This suggests broad outreach is needed to identify and support guardianship families.<\/p>\n

Supports also need to be put in place after the child reaches legal adulthood. \u201cA lot of children have special needs that are not going to go away when they turn 18,\u201d said Lynn Urvina, a kinship caregiver and kinship navigator.<\/p>\n

Guardians should be educated about eligible services for older youth, such as the John H. Chafee Foster Care Program for Successful Transition to Adulthood<\/a> and educational training vouchers. Foster care alumna divina cordeiro recalled: \u201cIn terms of preparing for adulthood after child welfare involvement, in terms of having connections and having community, I think they kind of give up once you turn 18.”<\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

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Continue to support families and children and you\u2019re going to end up with children who have lifetime permanency \u2014 not just permanency until they\u2019re 18, but lifelong permanency and lifelong connections with their relatives.<\/p>\n<\/blockquote>\n

— Lindsay Wood, Program and Policy Analyst, Wisconsin Department of Children and Families <\/cite><\/figcaption>\n <\/div>\n\n <\/div>\n<\/figure>\n\n\n
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Navigate family relationships<\/h3>\n

Guardians can benefit from extra support navigating family relationships, particularly given that biological parents still have rights. \u201cLegal guardianship is the muddiest of waters,\u201d Tania explained. \u201cNow that my niece is 11, I have to balance her emotions with her parents\u2019 ability to engage as they please. It\u2019s rewarding, but it can be tough. You have to stretch yourself beyond what you would normally do to bridge that gap and maintain as healthy a relationship between the parents and the child as you can.\u201d<\/p>\n

Kinship caregiver Lynn Urvina added: \u201cIt would have been really helpful if somebody was trying harder to be the liaison between the parent and me. We just looked at the world through different eyes. It\u2019s not necessarily that one was right and one was wrong. The little one was 5 years old and she was caught in the middle. Sometimes the way systems are built pits people against each other, whether that\u2019s the intention or not.\u201d<\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

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Wisconsin\u2019s approach to guardianship<\/strong><\/h3>\n

Wisconsin<\/strong> has made a concerted effort statewide to support guardians through subsidized guardianship<\/a>, with a focus on placing children with relatives and close family friends. About 42% of children<\/a> in out-of-home care in Wisconsin were placed with relatives in 2022 (compared to 34% nationwide<\/a>). In 2010, Wisconsin implemented its Level of Care<\/a> initiative, which requires court-ordered kinship care providers to go through the licensing process. Although they are not required to become licensed, going through the licensing process opens up permanency options for children in their care, including GAP. Kinship caregivers receive monthly payments even if the family is not licensed. In 2024, new legislation defined the term \u201clike-kin\u201d and expanded eligibility for the kinship care subsidy to like-kin caregivers<\/a>.<\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

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Caseworker attitudes and training<\/h3>\n

Advancing a kin-first approach requires a cultural shift<\/a>. Agency leaders in Westmoreland County, Pa.<\/strong>, worked closely with the American Bar Association\u2019s Permanency Barriers Project<\/a> to revise agency policies in order to elevate the importance of kinship care. Between 2009 and 2019, the use of kinship care in Westmoreland County increased 281% while the use of traditional foster care decreased 30%. The achievements of Westmoreland County, along with nine other jurisdictions, were instrumental in developing a tool for kinship care<\/a> designed to nurture the development of kin-first cultures across the child welfare system.<\/p>\n

Judicial attitudes and training<\/h3>\n

Since guardianships allow parents to retain legal rights, judges are key players. In about half of the states, however, the courts that manage child guardianships are staffed by judges and clerks who do not have expertise in family law<\/a>. Training specific to guardianship should be provided for all people who interact with families in the judicial system, including judges, clerks, guardian ad litems, and court appointed special advocates (CASAs).<\/p>\n

Court orders also can be ambiguous about details such as parental visitation rights. Only 11 states have statutes authorizing or requiring judges to specify biological parents\u2019 roles and responsibilities in guardianship orders.<\/p>\n

Tania said that the judge in her case has been problematic: \u201cWe say we\u2019re doing things in the best interest of the child, but we\u2019re not. My niece has to miss a birthday party tomorrow because of a five-hour visit with her mom and we don\u2019t even know if her mom will show up. Her grades have dropped. We do have representation (from a guardian ad litem), but if the judge is not willing to intentionally and purposefully listen and take into consideration the voice of the child, it\u2019s no good for us. It doesn\u2019t feel like I have a voice anymore.\u201d<\/p>\n

Consistent and equitable funding<\/h3>\n

Guardians should receive payments on par with foster parents. Yet foster parents who become guardians receive lower monthly subsidies compared to their foster care maintenance payments in 16 of 36 states that responded to a 2017 survey.9<\/sup><\/a><\/a> Further, children who are not eligible for Title IV-E therefore are not eligible for subsidized guardianship through GAP, although most states have parallel programs for children who are not eligible for Title IV-E. This is despite evidence that providing financial assistance to guardians<\/a> increases the likelihood of permanency and improves school outcomes.<\/p>\n

Tania, who lives in North Carolina, had been receiving $600 a month as a foster parent for Naomi before becoming her legal guardian. Her family was not offered the same monthly subsidy through GAP, however, since North Carolina restricts GAP eligibility to older youth<\/a> exclusively. Tania therefore receives $181 a month through TANF to help her raise Naomi. As a benefits-receiving, disabled veteran who also earns a salary through her steady job, Tania is able to provide for Naomi without the extra subsidy \u2014 but many kinship care providers are not in a financial position to do so.<\/p>\n

\u201cEverybody admits that the child will be better off with the family in most cases, but the money has yet to follow the research,\u201d Urvina said.<\/p>\n

Evaluation<\/h3>\n

Few studies have examined how guardianship policies and practices (including post-permanency supports) impact families and how they could be improved. The field would benefit from better tracking of the impacts of GAP on children and families and better ways of tracking children\u2019s well-being and stability<\/a>. Only a small number of states track program implementation and conduct evaluations.<\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

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Naomi is resilient. I love her. I\u2019m not in this just to give her a bed and hot meals. There\u2019s so much potential there. I\u2019m in it to make this child better. I can\u2019t even imagine not having her.<\/p>\n<\/blockquote>\n

— Tania, Kinship Guardian <\/cite><\/figcaption>\n <\/div>\n\n <\/div>\n<\/figure>\n\n\n
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Additional resources<\/h2>\n