TO GET APPOINTED AS GUARDIAN: The probate court will ask DCF to conduct an investigation to determine the physical, mental, social, and financial conditions of the parents and the grandparents or relatives applying for guardianship. (A statutory parent, frequently the DCF commissioner or a child-placing agency official, exercises legal authority over a child.) If both parents’ rights are terminated, the court will appoint a guardian or statutory parent for the child. If only one parent’s rights are terminated, the other parent will become the child’s sole parent and legal guardian. The parent was convicted of sexual assault resulting in the conception of the child.The parent has killed or committed an assault upon another child of the parent, or.The parent’s failure to rehabilitate themselves.

The child was found to be neglected, and uncared for.The parent and child have no ongoing relationship.The child has been abandoned by the parents.The parents have consented to the termination.The court may terminate parental rights if one or more of the following conditions can be proven: TERMINATION OF PARENTAL RIGHTS: Termination of parental rights to a child is a final court order that completely severs the legal relationship between the parents and the child. A grandparent or other relative can be the guardian, or if there is no family member available, the DCF can be appointed as guardian. Parents can have their rights as the natural guardians of the child removed if the parents give consent, if the child has been abandoned, if the child has been denied care, guidance and control necessary for his/her well-being, or if the child has had injuries inflicted upon him/her by other than accidental means. TO REMOVE CHILD’S PARENTS AS GUARDIANS: If a child’s parents are unable to properly care for their child, an application can be filed in probate court to have the parents removed as guardians. In the event of the parents’ death, it can last 90 additional days to give the standby guardian time to ask the probate court to make the guardianship permanent. Standby Guardianship lasts up to 1 year it can end sooner if the parents’ absence or illness ends before a year is up. The standby guardianship goes into effect when a triggering event occurs such as if the parents are temporarily unable to care for a child due to physical or mental disability, residence in a drug or alcohol rehabilitation program, going to jail for a period of less than one year, or other absence from home. A standby guardianship is created by having the parents sign a document available from the probate court stating that they are consenting to have the grandparent or relative take guardianship of their child. STANDBY GUARDIAN: Custody of a child can also be obtained without going to court by becoming a Standby Guardian.

Temporary custody remains in effect while DCF conducts an investigation into whether the parents should be removed as guardians and the petitioning grandparent or relative should be appointed guardian in their place.

If the social worker tells the court that DCF believes that the custodial relative can take good care of the child, the court will probably appoint them as Temporary Custodian. Before the hearing, a social worker from the Department of Children and Families (DCF) ( will speak with the grandparent or relative and may conduct a home visit. TEMPORARY CUSTODY of a grandchild or other dependent relative: an application must be filed to the probate court and a hearing is usually granted within 30 days. Immediate Temporary Custody lasts for 5 business days and then the court will hold a second hearing on temporary custody with notice to all parties. IMMEDIATE TEMPORARY CUSTODY of a child is granted to an adult relative, attorney for a minor child, or an adult with actual physical custody of the minor child by a probate court when returning the child would result in the child’s being removed from the court’s jurisdiction or places the child in risk of serious injury.

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