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Understanding Guardianship in Rhode Island: Difference from Adoption and Rights in DCYF Cases

What Is Guardianship?

In Rhode Island, guardianship is a legal relationship established by the court in which one person (the guardian) is authorized to make decisions on behalf of another person (the ward) who is unable to make those decisions for themselves. Guardianship can apply to both minors and adults, depending on the circumstances — including cases of incapacity, disability, or when a child is in the care of the Department of Children, Youth & Families (DCYF).

A guardian’s authority can include decisions about personal care, healthcare, education, residence, and sometimes finances. Rhode Island law emphasizes appointing the least restrictive form of guardianship necessary to help the individual while preserving their remaining rights and autonomy wherever possible.

Guardianship vs. Adoption: Key Differences

Guardianship and adoption may both involve caring for a child, but they are legally distinct in important ways:

1. Permanence

  • Adoption creates a permanent and irrevocable parent–child legal relationship. Once parental rights are terminated and adoption is complete, the biological parents no longer have legal parental rights.

  • Guardianship, by contrast, does not terminate the parents’ legal rights. It is often intended as a long-term plan, but it can be temporary and revisited by the court if circumstances change.

This means a parent may seek to have custody restored or challenge the guardianship later, whereas adoption cannot be undone except in very rare legal circumstances.

2. Legal Rights and Custody

Under guardianship:

  • The guardian makes decisions about the child’s education, healthcare, and daily care, essentially acting as a parent in function.

  • The child remains the legal child of the biological parent(s).

  • Guardians can decide on visitation and ongoing contact between the child and biological parents.

These distinctions are especially important in cases involving child custody and child support — internal links below point to deeper coverage of those topics.

Guardianship in DCYF Cases

When a child is placed into DCYF custody due to neglect, abuse, abandonment, or dependency, the Family Court must approve a long-term plan for that child’s permanency. Guardianship is one permanency option alongside reunification with parents and adoption.

How DCYF Guardianship Works

  • Under Rhode Island General Law RIGL 40-11-12, the Family Court may appoint a guardian for a child in DCYF custody when reunification with biological parents is not safe or viable.

  • Guardianship can be part of a kinship guardianship plan, where a relative or close caregiver becomes the legal guardian.

  • If approved, guardianship ends DCYF custody and gives the guardian legal responsibility for the child’s protection, education, care, and decision-making.

  • In some cases, guardians may qualify for Title IV-E guardianship assistance subsidies or other financial support if they meet eligibility criteria.

Types of Guardianship in Rhode Island

Rhode Island law allows various guardianship arrangements tailored to the needs of the ward:

For Children

  • Guardianship of a minor can be established when parents cannot safely care for their child and reunification is not appropriate — but parental rights are not terminated through guardianship as they are with adoption.

  • Guardians may be relatives, close family friends, or other adults with a caring relationship to the child. Risos APA Production Public

For Adults

Adults may need a guardian if they are incapacitated due to disability, cognitive decline, illness, or other conditions where they cannot protect their own interests. Probate Court handles adult guardianship petitions, which may include medical evaluations and court hearings. State Regs Today

Legal Process for Guardianship

Filing a Petition

To begin guardianship:

  1. A formal petition must be filed with the appropriate court (Family Court for minors, Probate Court for adults).

  2. The petition details why guardianship is necessary and explains the proposed guardian’s qualifications.

Court Hearing and Evaluation

  • The court schedules a hearing where evidence is presented about the ward’s needs and capacity.

  • A guardian ad litem or court representative may be appointed to ensure the ward’s interests are protected.

  • The court considers less restrictive alternatives before granting full guardianship.

Post-Appointment Duties

Once appointed:

  • Guardians have a fiduciary duty to act in the ward’s best interests.

  • For adults, annual reporting and court oversight often continue.

  • For children in DCYF-initiated guardianship, a written agreement outlines responsibilities and services for the child post-appointment.

Common Misconceptions About Guardianship

✔ Guardianship is not a substitute for adoption, but it can provide stability without terminating parental rights.
✔ Guardianship can be tailored (e.g., limited or temporary) to match a ward’s specific needs rather than removing all decision-making rights. LegalClarity
✔ Parents do not automatically remain guardians once a child turns 18; formal legal action may be needed if incapacity or special care is involved.

When Guardianship May Be Appropriate

Consider guardianship when:

  • A child cannot safely remain with biological parents and reunification isn’t appropriate.

  • A relative or caregiver has a strong, lasting relationship with a child in DCYF care.

  • An adult lacks the capacity to make important healthcare or financial decisions.

  • Less restrictive alternatives (like powers of attorney or supported decision-making) are insufficient. RipIn

How Guardianship Connects to Custody & Support

Guardianship affects both child custody and child support outcomes:

  • A guardian assumes the role that a custodial parent would traditionally hold in decisions for the child’s welfare.

  • Guardianship decisions can impact support obligations, educational decisions, and long-term planning for the child.

To Learn more about Custody in RI view our Child Custody Guide – Rhode Island Basics 
Learn more about  Child Support in Rhode Island – What You Need to Know

Conclusion

Guardianship in Rhode Island is a powerful legal tool designed to protect individuals who cannot fully care for themselves — from minors whose parents cannot safely reunify, to adults facing incapacity. Understanding the distinct differences between guardianship and adoption, especially within the context of DCYF cases, helps families make informed, confident decisions about a child’s future.

If you’re considering guardianship, consulting an experienced Rhode Island family law attorney can help you navigate the process and protect the best interests of your child or loved one.

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