Adoptions and Guardianship
What is Adoption?
Adoption is a process whereby a person other than the biological parent assumes legal responsibility as a parent of another, usually a child. In doing so, they become the child’s legal parent. Adoption is a permanent legal relationship. Baltimore City Department of Social Services (BCDSS) can only finalize public adoption for a child in foster care before their 18th birthday.
Once the adoption is finalized, the foster care board rate payment ends. If the child has special needs, a subsidy which is up to the public foster care board rate may be approved by the BCDSS Director prior to the adoption being finalized. The subsidy provided continues until the youth reaches age of 21. An adoption subsidy coordinator will be assigned to assist with maintaining the subsidy and a point of contact for the family.
If the family is receiving an adoption subsidy, medical insurance can be provided through Maryland Medical Assistance by the agency as primary or secondary health coverage.
Youth adopted on or after their 13th birthday are eligible to apply for financial aid as an “independent student” and their adoptive parents’ income will not be considered when the financial aid award is being considered.
Youth adopted on or after their 13th birthday are eligible to receive the tuition waiver from public colleges and universities in Maryland.
Youth adopted after the 16th birthday are eligible to apply for the Education and Training Voucher (ETV) which provides up to $5000 for educational expenses.
What is Guardianship?
Guardianship is a process whereby a person, other than the parent, assumes legal responsibility as the child’s guardian and assumes day to day parental responsibilities. The parent’s rights are not terminated, and the parents are still legally financially responsible for the child. The legal guardian has the rights of a parent, but the child is not considered to be his/her legal child. The legal guardian’s responsibilities terminate when the child reaches age 21.
Legal guardianship can be obtained through Family court or if the child is in foster care, guardianship is obtained in Juvenile court. The guardianship assistance program (GAP) is only available to relative caregivers who have assumed guardianship to a child committed to state or in foster care.
Once the guardianship is finalized through juvenile court, the foster care subsidy ends. Legal guardians are not legally responsible to support the child. A legal guardian can:
- Choose to fully support the child without assistance
- Receive Temporary Cash Assistance
- Apply for the subsidized guardianship, which continue until the youth reaches the age of 21.
- Subsidy payments are usually up to the current foster care board payment.
If the family is receiving a guardianship subsidy, medical insurance can be provided through Maryland Medical Assistance by the agency as primary or secondary health insurance coverage.
Youth who exit foster care on or after their 13th birthday under an under of custody and guardianship are eligible to apply for financial aid as an “independent student” and their guardian’s nor their parent’s income will not be considered when the financial aid award is being considered.
Youth exited foster care on or after their 13th birthday under an order of custody and guardianship are eligible to receive the tuition waiver from public colleges and universities in Maryland.
Youth who exit foster after their 16th birthday are eligible to apply for the Education and Training Voucher (ETV) which provides up to $5000 per year for educational expenses.
A guardianship subsidy coordinator will be assigned to assist with maintaining the subsidy and serve as a point of contact for the family
What is the difference?
Guardianship established a legal relationship between the guardian and the child. Adoption, on the other hand, terminates the legal relationship between the biological parents and the child. Both guardianship and adoption require a formal court hearing by the court to establish the legal relationship; however, guardianship can be terminated or renewed later while adoption is a permanent relationship.