What is a Title 13 Guradianship?

What is a Title 13 Guradianship?
There are several possible resolutions to a case when a child is removed from the home by CPS and a dependency action is initiated. The most familiar is reunification, i.e. the child goes back to the parent and the court dismisses the case. On the opposite end is the initiation of a termination case where the state seeks to terminate parental rights and make the child free for adoption. Many of those who are not very familiar with the child welfare system may view these as the only two possibilities. However, there are also Title 13 Guardianships, permanent custody orders (third-party custody), long-term foster care, and independent living.

Title 13 Guardianships in dependency cases are one of the main alternatives to reunification or termination. The guardian is given legal and physical custody of the child until he/she turns 18. Guardians have essentially the typical rights and duties as a parent. The dependency case is dismissed but parental rights are not terminated when a guardianship is established. Guardianship itself can be terminated by later petition if the court, among other things, is shown there has been a substantial change in circumstances such that ending the guardianship is in the child’s best interests. Most often the State does not start looking at a guardianship as a permanent plan until longer into the case and where timely reunification with the parents does not seem viable. Some parents who initially sought reunification may find a guardianship the preferable resolution where their initial case goals may not seem feasible but they still wish to preserve their parental rights. The statute governing Title 13 Guardianships can be found here.

 

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.
ebl home subscribe image

FURTHER READING

Latest Blog Posts

A Seattle family law attorney can draft a prenuptial agreement or postnuptial agreement to help you and your spouse strengthen your marriage.

Learn from an experienced Seattle family law attorney about how parenting plans work in Washington state divorces.

Learn from an experienced Seattle family law attorney what happens if the marital home is only in your spouse's name during divorce.

Washington family law usually encourages parents to work out differences between themselves without involving the judicial system. Child support modification is different. Informal side agreements, even written agreements, are unenforceable in family court. So, when circumstances change accordingly, as outlined…

Reducing one’s tax obligations is a significant factor in many financial decisions, including those you make as part of your estate planning. When you get far enough into the details of your estate plan, though, you may find that tax…

If you ask those who have survived domestic violence why they stayed in abusive situations as long as they did, it is often not because they did not realize that what was happening to them was abuse. People who have…

Learn from a Seattle family law attorney how to find the right collaborative divorce lawyer for your Washington state divorce.

Learn from an experienced Seattle divorce lawyer about the benefits of collaborative divorce over litigation.

A skilled and experienced Seattle family law attorney describes the differences between collaborative divorce and divorce mediation.

A Seattle estate planning attorney can help guide you about who to choose for key roles in your estate plan.