Deborah Burrus, State Permanency Director, GA Division of Family and Children Services, presents information about legal guardianship and how it differs from adoption.

2. Georgia Division of Family and
Children Services
Presenter: Deborah Burrus
State Permanency Director
September 30,
2015

3. Permanency Plan
The Division of Family and Children Services
(DFCS) shall identify the permanency plan for
each child within thirty (30) days of the child’s
entry into foster care

4. Order of Preference for
Permanency Plan
1. Reunification
2. Adoption
3. Permanent Guardianship
4. Another Planned Permanent Living
Arrangement (APPLA

5. Although “Permanent Placement with a Fit
and Willing Relative” is a permanency
option outlined in the Adoption and Safe
Families Act (ASFA), effective 01/01/14,
Georgia no longer recognizes it as a
permanent placement for a child.

6. Reasonable Efforts
DFCS shall obtain a judicial determination
regarding “reasonable efforts to finalize the
permanency plan” at each permanency plan
hearing, but no later than twelve (12) months

7. GUARDIANSHIP
• DFCS defines legal guardianship as a judicially created
relationship between the child and
• relative/non-relative caregiver which is intended to be
permanent and self-sustaining as
• evidenced by the transfer to the relative/non-relative of
the following parental rights with respect
• to the child:
• 1. Protection;
• 2. Education;
• 3. Care and control of the person;
• 4. Guardianship of the person; and
• 5. Decision making.

8. Guardianship
• For children in foster care, permanent
guardianship would be granted by the Juvenile
Court.
• The guardianship order establishes a
permanent guardian and outlines the
permanent guardian’s rights and
responsibilities concerning the care, custody
and control of a child.

9. GUARDIANSHIP
Permanent guardianship is possible when:
1. Reasonable efforts to reunify the child with
his parents would be detrimental to the child or
the living parents have consented to the
permanent guardianship; and
2. Adoption has been thoroughly explored and is
not possible or not in the best interest of
the child; and

10. GUARDIANSHIP
3. If the child is 14 years of age or older, does
not wish to be adopted and the individual
chosen by the child to be the permanent
guardian is the most appropriate person; and
4. The proposed guardian can provide a safe and
permanent home for the child and is the most
appropriate placement for the child taking into
account the child’s best interests.

11. A waiver of policy is required when
guardianship is selected as a
permanency plan whenever:
1) A child is under the age of 14
2) Or a child is legally free for adoption.

12. DFCS Guardianship Policy
 DFCS shall ensure there is a court order
finding for non-reunification
 An approved Relative/Non-Relative Care
Assessment (R/Non-RCA)
 At least six (6) months of DFCS’ supervision of
a child’s placement with the relative or non-
relative caregiver prior to recommending
permanent guardianship.

13. Permanency Options
Adoption vs. Guardianship

14. Adoption Guardianship
Benefits:
 Legal Parents
 Rights of inherence
 Non-Recurring Adoption Assistance to pay legal
fees and court cost associated with the
adoption. Not to exceed $1,500 per child
 Medicaid
 Crisis Intervention (90 day intervals) if needed
Georgia Center for Resources and Support
(Support Group Activities Georgia Adoption Reunion
Registry
A-TEAM - Adoption Support Group for adopted
teenagers.
Adoption Assistance Payments until age 18
Adoption Assistance beyond age 18 if the child was
in the permanent custody of DHS and adopted after
age 13 or prior to 1998 and attending school full-
time.
Benefits:
 Medicaid, if qualify for one of 34 programs
 Subsidy Payments until age 18

15. Adoption Assistance Rate
(Monthly Payment)
Age Rate
0-5 $441.04
6-12 $463.85
13-18 $486.67
Children with severe mental,
emotional, or physical
challenges may receive higher
rates for specialized needs if
documented by a licensed
medical or psychological
provider.
Subsidized Guardianship Rate
(Monthly Payment)
Guardianship Rate
Age Rate
0-5 $365.91
6-12 $413.67
13 and over $471.15