Implementation of Guardianship

The Department shall proceed to implement the guardianships it sponsors as follows: (1) The Department determines that the child meets the criteria set forth in 110 CMR 7.301(1) through (3). (2) The child's assigned social worker meets with the child and potential guardian. The guardianship plan is presented to them at this time for their consideration and approval. (3) If guardianship is acceptable to the child and potential guardian, the social worker will make reasonable and diligent efforts to contact the child's parents. If the parents are contacted, theywill be informed of the proposed guardianship proceeding, of their right to contest the guardianship proceeding, and of their right, if indigent, to court-appointed counsel. The parents' consent will then be sought. (4) An employee of the legal staff of the Department will prepare the appropriate court papers. If the parents of the child have consented, their consent shall be noted upon the court papers by obtaining their signature. If the parents of the child have not consented to the guardianship in writing, they will be given notice as required by law. (5) An employee of the legal staff of the Department will initiate and prosecute all court proceedings necessary to finalize the guardianship. The guardianship plan will be presented to the court for review as part of the proceeding, and said plan shall address the appropriateness of the proposed placement and the suitability of the proposed guardians.