Juvenile Court Guardianship
North Carolina Legal Options for Kinship Caregivers
When Child Welfare IS Involved
Guardianship is one of the options available to the Department of Social Services (DSS) when they decide that the child will not be able to go home to their parents. It does not require termination of the child’s parents’ rights (TPR), which is a legal process that means that the birth parents no longer have the right to make decisions for their child. This type of guardianship is filed in Juvenile Court. The child has to be in the custody of DSS (in foster care). As the guardian, you have legal and physical control and the rights and responsibilities to make decisions about the child. At the same time, the child’s parents often retain some visitation or other rights. Unlike guardianship in civil court, the child’s parents are not required to be dead.
Any family who exits foster care through reunification, guardianship, custody, kinship care or adoption is eligible to participate in the NC DHHS Success Coach program. These services are voluntary and intended to provide ongoing support as families navigate building or rebuilding their relationships after foster care or post-adoption. A Success Coach is a specialized social worker who works alongside families to assist them in identifying their most pressing needs, developing a tailored success plan, and connecting them to additional community-based resources. Services are ultimately decided on by the family and can include parenting support, crisis prevention, case management, respite, help navigating the behavioral health system, and assistance with basic needs such as employment, food security, housing, education and building a reliable support system.

