R512-308-3. General Guardianship Qualifying Factors

  (1) Guardianship services refer to services provided to both relatives and non-relatives who are seeking legal guardianship. All of the following factors must be met in order to qualify for guardianship services.

  (a) The child cannot safely return home. This requirement is met if the court determines that reunification with the child's parents is not possible or appropriate and the Child and Family Team and regional screening committee agree that adoption is not an appropriate plan for the child.

  (b) The parent and child have a significant bond but the parent is unable to provide ongoing care for the child, such as an emotional, mental, or physical disability, and the child's current caregiver has committed to raising the child to the age of majority and to facilitate visitation with the parent.

  (c) The prospective guardian must:

  (i) Be able to maintain a stable relationship with the child;

  (ii) Have a strong commitment to providing a safe and stable home for the child on a long-term basis;

  (iii) Have a means of financial support;

  (iv) Have connections to community resources to assist with the care of the child; and

  (v) Be able to care for the child without Child and Family Services supervision.

  (d) The child has no ongoing care or financial needs beyond basic maintenance and does not require the services of a case manager.

  (e) There are compelling reasons why the child cannot be adopted, such as when the child's tribe has exclusive jurisdiction or the tribe has chosen to intervene in the adoption proceedings. Under the Indian Child Welfare Act (ICWA), 25 USC Section 1911, a tribe has the right to determine the child's permanency. For this reason, the tribe has the authority to approve guardianship with the current caregiver.