Is Guardianship Enough ?

As prospective adoptive and foster parents find the all things adoption group I belong to, some of their perspectives truly do begin to change. Same for expectant mothers thinking about surrendering their child for adoption, then changing their mind and deciding that they may actually be capable of raising their own child. Always a happy outcome.

Unfortunately, many Division of Children and Families agencies at the state level still operate from an obsolete point of view. Here’s a story from one foster mother who is facing that dilemma.

We have a 7 year old pre-adoptive foster son that has lived with us for 21+ months. I always had the intention of adopting (until I joined this group), but we were only regular foster parents until this boy moved in. Everything was going “well” and mom was going to sign an open adoption agreement. Then the pandemic hit and we had to supervise their video visits, which ended up being good because we got to know each other. Then we offered to supervise the monthly in-person visits. I joined this group and now I’m trying to help mom to get her son back. She is working on her plan and I’m so proud of her, but I am not sure it will be enough for Division of Children and Families. We have a permanency meeting in a month, so I need some help.

I have 2 questions about our situation:

For the adoptive parents/foster parents in the group: How do you navigate changing a goal of adoption to guardianship, when the department has said in the past that doesn’t offer enough permanency for the child and they would move him. Is a 7-8 year old listened to, if the child says he wants to live here forever but only if his mom can’t get better?

For the adoptees/former foster youth in the group: Let’s assume mom’s rights are terminated. There is no dad involved and there literally is no family that could take this boy in and raise him. How do we know if this boy really wants to be adopted by us or not? How do we know if guardianship is or isn’t enough for him? We have a biological child who is only 6 months, in case that matters. How old is old enough for us to follow what the boy requests? We have heard so many adoptive parents talk about how their children’s behaviors changed after adoption because they felt “secure”, but after reading so much stuff in this group, I have a whole different view about adoption. Yet I don’t know how to figure out what our foster son would really want or if he would think we love him less, if we don’t adopt him.

Only one response, from an adoptive/foster parent so far but it could be helpful to others in a similar situation –

Does he have a CASA (Court Appointed Special Advocate) or GAL (Guardian ad Litem) ? I am not sure what state he is in but in Indiana, the guardianship petitions are heard in a separate court outside of the Child Protective Services court. Child Protective Services is notified that a guardianship petition has been filed and they can come and object, if they want but sometimes they don’t.

So I would think, if you get an attorney and just file it – with mom being in agreement, then they would have to come and object, explaining why adoption is better. I think if mom is making some efforts, then that would be a bonus towards guardianship.

Guardianship is always an option. I haven’t figured out why they don’t push more for guardianship for very young children and what the age is that it suddenly becomes an option but I have seen our state grant guardianship with a Child Protective Services case for kids as young as 2 years old.

Also, I don’t think it is ethical for the department to threaten you with moving him. So I would ask for a supervisor or above to sit in on your next meeting and just ask for them to explain why this is happening and why adoption is the only option. I would personally tell you that we have custody/guardianship for our two youngest and it has been good.