Three Types of Guardianship #
Understanding guardianship in California can help caregivers make decisions when a child’s parents are unable to care for them. This page explains the main types of guardianship and what each one means for children and caregivers.
1. Juvenile dependency guardianship (Dependency Court — child is a “dependent” and guardian can be a relative or nonrelative) #
Summary: Dependency guardianship = youth is in (and comes from) foster care, so the guardian receives foster care payments and the youth is eligible for age-based foster care benefits.
Juvenile dependency guardianship applies when a child is already in foster care. The Dependency Court appoints a guardian (relative or non-relative) as the permanency plan, but the child remains a dependent of the court and does not exit foster care. Because dependency continues, the guardian receives foster care maintenance payments, and the youth retains full foster-youth eligibility, including age-based benefits.
- ✅ Includes Foster Care Maintenance Payment – monthly subsidy to support the child. The guardian caregiver receives foster care maintenance (AFDC-FC) rates based on the youth’s Level of Care (LOC). For 2025-26 the basic LOC payment is $1,301 per month. (Some youth qualify for higher specialized rates.)
- ✅ Includes Foster Youth benefits & Resources, such as:
- ILP (Independent Living Program) – Youth are eligible if they were a dependent at age of 14 or older in Yolo County and at age 16 or older in other Counties.
- FAFSA-independent status – Youth who were a dependent (in foster care) at age 13 or older are considered to be Independent. FAFSA-independent status means the youth receives maximum financial aid based on their own income.
- Chaffee Grant – Youth who were a ward/dependent living in foster care between 16–18 (even one day) and under the age of 26 are eligible. The annual grant is currently $4,500. The Chafee Grant may be used at any eligible California college or university, or career or technical school. Students attending schools in other states may also qualify.
- Other Foster Care Specific Grants & Scholarships
2. Probate guardianship (Probate Court — “private” guardianship) #
Summary: Probate guardianship = legal authority to privately care for the child, as the youth is NOT in foster care. Therefore, probate guardianship does not include foster-care monthly payments and does not make youth eligible for foster-youth benefits.
A relative or other adult is appointed guardian because the parents can’t care for the child, but the child is NOT in the foster care/dependency system.
- ❌ No Foster Care Maintenance Payment – monthly subsidy to support the child.
- ❌ No Foster Youth benefits & Resources. Not eligible for the Independent Living Program (ILP) or special Foster Care Financial Aid benefits for College. (Unless the youth was previously in foster care at ages that met eligibility requirements for ILP or college benefits.)
3. Guardianship assistance after leaving foster care – (Dependency Court — child exits foster care as a relative or nonrelative is appointed to be the guardian) #
Not typically used in Yolo County
Summary: Kin-GAP (Relative Guardian) or NRLG (Non-Relative Legal Guardian) = guardianship with ongoing monthly payments similar to foster care, but does not make youth eligible for foster-youth benefits
The youth exits foster care, so there are no more court hearings, social worker involvement. The guardian makes all decisions without court approval.
- ✅ Includes Child Subsidy/Support Maintenance Payments. Monthly cash aid for eligible Relative Guardians (Kin-GAP) and Non-Relative Legal Guardians (NRLG) is set by foster care Level of Care (LOC) rates. For 2025-26 the basic LOC payment is $1,301 per month. (Some youth qualify for higher specialized rates.)
- ❌ No Foster Youth benefits & Resources. Not eligible for the Independent Living Program (ILP) or special Foster Care Financial Aid benefits for college. (Unless the youth was previously in foster care at ages that met eligibility requirements for ILP or college benefits.)