The process of becoming a guardian

An explanation of the process, the criteria, and the assessment for becoming a guardian to a child or young person

The process

Anyone wanting to become a guardian will go through a detailed review and assessment process. This includes seeking the views of the child or young person, their family and their carer. Children or young people aged 12 years or older must give their written consent to a guardianship order being made, where they are capable of doing so.

The Children’s Court makes the final decision about a guardianship order being made.

• If you would like to find out more about becoming a guardian, you can:
• speak to your caseworker or contact your local Community Services Centre
• call the Guardian Information Line on 1300 956 416 or email gil@dcj.nsw.gov.au
• find more information about guardianship on Legal Aid NSW

On 29 October 2014, the Children’s Court granted guardianship orders to relative and kinship carers who had already been granted full parental responsibility orders. This meant that relative and kinship carers who had full parental responsibility for a child or young person in their care became guardians.

If there were any additional conditions in the parental responsibility order, such as contact arrangements, these conditions continue as outlined in the final order.

Consent required for applications

The consent of the Secretary of Department of Communities and Justice is required for a guardianship application to proceed.

The processes and procedures for guardianship applications made by out-of home care agencies or existing relative kinship or authorised carers are available from each agency.

The assessment

The assessment will depend on whether the person has been previously assessed as an authorised carer, the type of assessment, and when the assessment was completed. The caseworker will talk with the prospective guardian about the assessment process before the assessment begins.

Information about becoming a guardian and the assessment process (PDF, 403.9 KB) is also printable.

Criteria for becoming a guardian

The applicant’s suitability for becoming a guardian will be assessed on the following criteria:

• Successful outcomes from completed suitability checks for applicants and household members.
• Medical evidence confirms they have the physical and mental health to care for the child young person until that are at least 18 years of age.
• Personal references from two people who can comment on the suitability of the prospective applicant to care for a child or young person.

The applicant will also need to demonstrate they have:

• The ability to independently meet the long term needs of the child or young person without the case management and supervision from Communities and Justice (DCJ) or an out of home care agency. (This includes demonstrating they have a network of family and friends who can provide support and the capacity to meet the needs of the child or young person with limited financial support).
• An established and positive relationship with the child or young person and an understanding that the needs of the child or young person will change over time.
• An understanding of the child or young person’s trauma experience, and how they will manage its potential impact on the child’s longer term development.
• The capacity to understand the child or young person’s identity and their role in supporting the child or young person through life story work.
• The capacity to meet the child or young person’s ongoing cultural needs.
• The capacity to establish and maintain a safe and respectful approach with the child or young person’s parents, siblings and significant others.
• The capacity and willingness to arrange, coordinate and, where required, supervise safe contact with the child or young person’s family and ability to negotiate through difficulties that may emerge.
• They have adequate and safe accommodation for a child.

Six Steps to Guardianship from Out-of-home care

The six steps to guardianship are getting ready, application, assessment, preparing for court, going to court, and after the order.

The decision

The Children’s Court makes the final decision about a guardianship order for a child or young person. Read more information in Legal matters: Children's Court.

Contact

For information and support you can contact the Guardianship Information Line on 1300 956 416 or email gil@dcj.nsw.gov.au.

More information

• Becoming a guardian: What is the assessment process? (PDF, 403.9 KB)
• Guardianship orders: Information for parents (PDF, 295.4 KB)
• Three permanency orders compared (PDF, 117.2 KB)
• Guardianship orders: What does it mean for me? A guide for children under 12 (PDF, 4.5 MB)
• Guardianship orders: What does it mean for me? A guide for children over 12 (PDF, 2.1 MB)