AB 407

This bill permits the appointment of a successor guardian for a child in need of

protection or services to assume the duty and authority of guardianship on the death

or incapacity of the child's guardian. The bill also specifies the conditions that a

successor guardian must meet to be eligible for monthly subsidized guardianship

payments.

Under current law, a county department of human services or social services

(county department) or, in a county having a population of 750,000 or more, the

Department of Children and Families (DCF) must provide monthly subsidized

guardianship payments to the guardian of a child who has been adjudged to be in

need of protection or services if certain conditions have been met, including the

conditions that: 1) the child, if 14 years of age or over, has been consulted with

regarding the guardianship arrangement; 2) the guardian has a strong commitment

to caring for the child permanently; 3) the guardian is licensed as the child's foster

parent, which licensing includes an inspection of the guardian's home under rules

promulgated by DCF; 4) the guardian and all adult residents of the guardian's home

have passed a criminal background investigation; and 5) prior to being named as

guardian of the child, the guardian entered into a subsidized guardianship

agreement with the county department or DCF.

Current law also permits a county department or DCF to provide monthly

subsidized guardianship payments for a period of up to 12 months to an interim

caretaker on the death, incapacity, resignation, or removal of a subsidized guardian

if the interim caretaker meets certain conditions, including passing a home

inspection and a criminal background investigation.

This bill permits a subsidized guardianship agreement or an amended

subsidized guardianship agreement to also name a prospective successor guardian

to assume the duty and authority of guardianship on the death or incapacity of the

subsidized guardian. A person so named as a prospective successor guardian is

eligible for monthly subsidized guardianship payments only if the subsidized

guardianship agreement or amended subsidized guardianship agreement was

entered into before the death or incapacity of the subsidized guardian and if certain

other conditions are met, including the conditions that:

1. The county department or DCF determines that the child, if 14 years of age

or over, has been consulted with regarding the successor guardianship arrangement.

2. The county department or DCF determines that the person has a strong

commitment to caring for the child permanently.

3. The county department or DCF inspects the home of the person, interviews

the person, and determines that placement of the child with the person is in the best

interests of the child.

4. Prior to being appointed as successor guardian to assume the duty and

authority of guardianship, the person enters into a subsidized guardianship