Family & Safety

If immigrants are worried about being detained or deported, they might be concerned about who will take care of 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. The guardian makes all decisions for the child. The child does not live with the parents. A permanent legal guardian should not be used as a safety plan. This is because it could make it harder for someone to regain guardianship later.

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 custody. 

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

• Drawbacks: The law requires health care workers, schools, and all other people to treat the short-term guardianship like a court-ordered guardianship. Though, this is not always the case. 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. A GAL is not available to parents creating a safety plan. This is because it does not create a guardianship, even though it uses the word guardian.

For more information on guardianship, you can contact:

• Cook County Guardianship Assistance Desk for Minors at (312) 603-0135 
• Chicago Volunteer Legal Services at (312) 332-1624.

You can also find more details at:

• Illinois Access to Justice - Immigration FAQ's
• Chicago Volunteer Legal Services - Minor Guardianship FAQ's, Guardianship Immigrant Planning Video (encuentre la versión en español aquí)