Immigrants fearing detention or deportation may be worried about who will care for their children. One option is to appoint a guardian.

There are 3 types of guardianship for a child:

• Permanent legal guardian,
• Standby guardian, and
• Short-term guardian.

Learn more about the types of guardianship. Below is specific information about how each type can help create a safety plan.

Permanent legal guardian: In a permanent guardianship, the child lives with the guardian, and the guardian makes all decisions for the child. The child does not live with the parents. This is not recommended as a safety plan. Permanent legal guardianship is not recommended because it could make it more difficult for someone to regain guardianship later, compared to other safety plan options.

Standby guardian: The court appoints someone who will take over as guardian when a parent can no longer care for the child. This usually happens when a parent gets sick or dies, but it can happen for other reasons as well.

This is a useful safety plan for undocumented immigrants. However, it is important to note that standby guardians must meet the same rules as regular guardians. This means that some courts require the standby guardian to have legal immigration status. Also, a standby guardianship cannot be used to prevent another parent from getting parental responsibilities (custody). 

Short-term guardian: This can be done on very short notice. It is an easy and effective safety plan.

• Drawbacks: Although the law requires that health care workers, schools, and all other people treat the short-term guardianship like a court-ordered guardianship, that may not always happen. Short-term guardians may have problems enrolling children in school, getting public benefits, or getting medical care. 

A guardian ad litem (GAL) is a way for a judge to have someone represent a child in court. It is not available to parents creating a safety plan, because it does not create a guardianship, even though it uses the word guardian.

Questions about Guardianship? Call the Cook County Guardianship Assistance Desk for Minors at (312) 603-0135 or Chicago Volunteer Legal Services at (312) 332-1624.

You can find more information about guardianship and immigration from:

• Illinois Access to Justice - Immigration FAQ's
• Chicago Volunteer Legal Services - Minor Guardianship FAQ's