12.45.050 Kinship care/guardianships.
The Court may, upon petition to the Court, make determinations of temporary and permanent legal guardianship. The Court may make these findings only after proper notice to the parents and family members and an opportunity for interested persons to respond or appear at any court hearing on the proposed guardianship.
(a) The petition to establish a guardianship can be initiated by petition from the following persons:
(1) Yurok Social Services;
(2) Any prospective guardian; and/or
(3) Any other interested person or family member.
(b) The petition to establish guardianship must be filed in Yurok Tribal Court and served on the parents if their whereabouts are known. The petition will be properly noticed and the parties be given an opportunity to respond. The petition will be set for hearing.
(c) Findings.
(1) The court may appoint guardianships over a child under the following circumstances. The child has been:
(A) Removed from his home pursuant to a voluntary agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child;
(B) Eligible for foster care maintenance payments for at least six consecutive months while living in the home of the prospective relative guardian (whether or not the child actually received payments);
(C) Returning the child home and adoption is not appropriate permanency options;
(D) The child has a strong attachment to the proposed guardian and has been consulted about the guardianship if 14 years of age or older;
(E) The guardian has a strong commitment to permanently care for the child;
(F) Active efforts have been provided to place the child and siblings removed from their home in the same guardianship unless YSS documents that such a joint placement is contrary to the safety or wellbeing of the child or any siblings; and
(i) In the case of a sibling removed from the home who is not so jointly placed, the order shall provide for frequent visitation or other ongoing interaction between the siblings, unless YSS documents that frequent visitation or other ongoing interaction between the siblings, be contrary to the safety or wellbeing of any of the siblings;
(ii) Each sibling in the same sibling group placement is eligible, providing at least one sibling meets all eligibility criteria under this rule, regardless of the timing of each individual placement.
(2) The Court shall grant the petition to establish guardianship if it finds that granting the guardianship would be in the best interest of the child.
(d) Kinship Guardianship Agreement.
(1) In order to be eligible for the kinship guardianship assistance payments, there must be a written kinship guardianship agreement executed prior to the establishment of the guardianship. Requirements for the implementation of this section shall be specified by the YSS in the Indian Child Welfare Policies and Procedures Manual.
(2) A copy of the agreement shall be provided to the prospective relative guardian.
(e) Guardianship Order.
(1) Following a hearing in which the Court determines that a guardian shall be appointed, the Court shall issue an order setting forth its findings, appointing the guardian, and addressing the following:
(A) Services. Any continued services YSS consents to provide;
(B) Scope. The term of guardianship and the rights and duties of the guardian including the guardian’s responsibilities related to annual reviews;
(C) Other. Any other provision to benefit the child’s continuing safety and wellbeing;
(D) Letter of Guardianship. A certified copy of the letter of guardianship will be prepared and attached to the order; and
(E) Final Order. A guardianship order is a final order for purposes of appeal. Upon issuance of a final order of guardianship arising out of a dependency case, the dependency case shall terminate and the child shall continue as a ward of the Court under the guardianship provisions of this title. Upon issuance of a final order of guardianship in a nondependency case, the child shall be ward of the Court.
(f) Term, Rights and Duties of Legal Guardian. A legal guardian appointed by the Court shall:
(1) Have custody, and be responsible for all care, of the child and the care and management of his/her property until the child reaches 18 or, where circumstances of the child require, until the child reaches 19 years of age or 12 months after the child graduates from high-school, whichever is later, marries, is emancipated by a court of competent jurisdiction, or until the legal guardian is legally discharged;
(2) Have the authority to consent to the medical care and treatment of the child, and to otherwise have those rights of a parent of the child, including protection, education care and control of the person, and decision making;
(3) Be responsible for reporting to the Court every six months during the first two years of the guardianship and annually thereafter, or more often as required by the Court; and
(4) Have the authority, but only with the express written consent of the Court, to dispose of any real property or Tribal member benefits of the child.
(g) The requirements for the implementation of this section shall be specified by the YSS in the Indian Child Welfare Policies and Procedures Manual and the YSS shall be authorized to evaluate and implement modifications as necessary in order to provide guardianship assistance payments under California’s kinship guardianship assistance program. [Ord. 46A § 1805, adopted, 3/24/2016.]