The process of becoming a guardian
An explanation of the process, the criteria, and the assessment for becoming a guardian to a child or young person
The process
Anyone wanting to become a guardian will go through a detailed review and assessment process. This includes seeking the views of the child or young person, their family and their carer. Children or young people aged 12 years or older must give their written consent to a guardianship order being made, where they are capable of doing so.
The Children’s Court makes the final decision about a guardianship order being made.
If you would like to find out more about becoming a guardian, you can:
- speak to your caseworker or contact your local Community Services Centre
- call the Guardian Information Line on 1300 956 416 or email gil@facs.nsw.gov.au
- find more information about guardianship on Legal Aid NSW
On 29 October 2014, the Children’s Court granted guardianship orders to relative and kinship carers who had already been granted full parental responsibility orders. This meant that relative and kinship carers who had full parental responsibility for a child or young person in their care became guardians.
If there were any additional conditions in the parental responsibility order, such as contact arrangements, these conditions continue as outlined in the final order.
Consent required for applications
The consent of the Secretary of Department of Communities and Justice is required for a guardianship application to proceed.
The processes and procedures for guardianship applications made by out-of home care agencies or existing relative kinship or authorised carers are available from each agency.
More information
The assessment
The assessment will depend on whether the person has been previously assessed as an authorised carer, the type of assessment, and when the assessment was completed. The caseworker will talk with the prospective guardian about the assessment process before the assessment begins.
Information about becoming a guardian and the assessment process is also printable.
Criteria for becoming a guardian
The applicant’s suitability for becoming a guardian will be assessed on the following criteria:
- Successful outcomes from completed suitability checks for applicants and household members.
- Medical evidence confirms they have the physical and mental health to care for the child young person until that are at least 18 years of age.
- Personal references from two people who can comment on the suitability of the prospective applicant to care for a child or young person.
The applicant will also need to demonstrate they have:
- The ability to independently meet the long term needs of the child or young person without the case management and supervision from Communities and Justice (DCJ) or an out of home care agency. (This includes demonstrating they have a network of family and friends who can provide support and the capacity to meet the needs of the child or young person with limited financial support).
- An established and positive relationship with the child or young person and an understanding that the needs of the child or young person will change over time.
- An understanding of the child or young person’s trauma experience, and how they will manage its potential impact on the child’s longer term development.
- The capacity to understand the child or young person’s identity and their role in supporting the child or young person through life story work.
- The capacity to meet the child or young person’s ongoing cultural needs.
- The capacity to establish and maintain a safe and respectful approach with the child or young person’s parents, siblings and significant others.
- The capacity and willingness to arrange, coordinate and, where required, supervise safe contact with the child or young person’s family and ability to negotiate through difficulties that may emerge.
- They have adequate and safe accommodation for a child.
Steps in the assessment process
Step 1 – The prospective guardian is provided information about becoming a guardian.
Step 2 – The applicant completes a guardianship application form.
Step 3 – The child or young person over the age of 12 years must provide written consent (where capable) to the guardianship order. The signature must be witnessed by an employee of FACS, or the agency who has been directly involved in the supervising the placement, or a legal officer.
Step 4 – The applicant and all household members, including young people aged 16 years and over, complete suitability checks including:
- 100 point identity check
- Working with Children Check (if checks not completed within the last 5 years)
- DCJ checks
- information obtained from other agencies including an accredited adoption service provider
- information may also be obtained regarding the guardian’s employment or other activities
- nationwide criminal check must be conducted for all household members over the age of 16 years and this may be conducted on a household member who is 14 years and over if the assessment deems necessary.
Applicants or household members who are authorised carers or prospective adoptive parents under the Adoption Act 2000 will not be required to provide the above mentioned information if the information or checks have been completed recently.
Step 5 – Applicants provide:
- contact details of two personal referees who will be required to provide references concerning the suitability of the prospective guardians to care for a child or young person long term
- health checks: physical and mental health of the prospective guardian and current medical reports
- evidence of financial capacity to support the child or young person into adulthood.
Step 6 – A series of face-to-face interviews are held, including interviews with the child or young person, their parents and family members, the applicant and any children and other people living in the applicants’ home.
The interviews will cover many topics including family background and relationships, the applicant’s relationship with the child or young person and their parents, their knowledge of their trauma experience and how this may impact on children and families, their understanding of the long-term needs of the child or young person and how they plan to meet these needs into the future.
If the child or young person is Aboriginal or Torres Strait Islander or from a different cultural background to their prospective guardian, consultation with the child’s extended family, kinship and community are required and should be considered in all cases. Where a prospective guardian of an Aboriginal child is not a relative or kin, they should be an Aboriginal person, most likely a member of the child’s community.
Step 7 – A home inspection is undertaken to assess the safety and suitability of the home.
Step 8 – DCJ or out-of-home care agency caseworker will put together a guardianship assessment report including a recommendation of whether a guardianship order is assessed as being in the best interests of the child or young person. This report will be reviewed and approved by delegated managers as per the agency’s approval procedures. Obtaining further information or conducting further checks may be made any time before the making of a guardianship order.
The caseworker will discuss the outcome of the guardianship assessment report with the applicant and will send the applicant a letter confirming the outcome of the assessment. If the application is declined, the reasons for declining the application will be provided in a signed letter. The applicant will be advised that they have the right to apply to have the decision reviewed.
Step 9 – A guardianship suitability statement will be prepared for the Children’s Court and a copy provided to all relevant parties. The guardianship assessment report and suitability statement will inform the Children’s Court and guide the Court’s decisions about whether a guardianship order is the best option to meet the needs of the child or young person.
The decision
The Children’s Court makes the final decision about a guardianship order for a child or young person. Read more information in Legal matters: Children's Court.
Contact
For information and support you can contact the Guardianship Information Line on 1300 956 416 or email gil@facs.nsw.gov.au