Permanent Guardianship Law & Legal Definition


Permanent Guardianship refers to a type of guardianship in which a relationship between a child and a guardian is permanent and self-sustaining, and creates a permanent family for the child. The parental rights of a child’s parents need not be terminated under permanent guardianship. A permanent guardianship generally cannot be terminated.

This is also referred to as a guardianship designed for children who have been in state custody and which is difficult to terminate. Certain U.S. states have a permanent guardianship status that will be granted by the juvenile court on proving that it is in the best interest of the child that the birth parent not be given physical custody of the child. A birth parent can not apply to the court to terminate this permanent guardianship after it is granted.

Under permanent guardianship, a guardian will be responsible for providing for the child all things required to be fulfilled by a natural guardian. Such guardian must provide a healthy and safe living environment, education, and necessary health care. The permanent guardian will be responsible for making decisions in the important events and aspects of a child’s life.