Guide to Legal Guardianship in Child in Need of Care Cases (CINC)

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An Introduction to Legal Guardianship in Child in Need of Care Cases

Legal guardianship is a status that can be authorized by a court exercising juvenile jurisdiction in a Child in Need of Care (CINC) case. The Fostering Connections to Success and Increasing Adoptions Act, 42 U.S.C. § 671 et seq., promotes the use of guardianships to increase permanency for children in foster care. Yet, legal guardianship appears to be underutilized in Louisiana CINC cases. During this presentation, the speakers will provide an overview of legal guardianship, detail the guardianship provisions set forth in the Louisiana Children’s Code, and discuss examples of when to consider guardianship in a CINC case.


Objectives:

  • Understand the purpose of legal guardianship in a Child in Need of Care (CINC) case.
  • Appreciate that legal guardianship is a distinct legal arrangement from legal custody.
  • Identify the legal requirements for a court-ordered guardianship in a CINC case.
  • Access the Guide to Legal Guardianship in Child in Need of Care Cases in Louisiana.