STANDBY GUARDIANSHIP TIMELINE

An undocumented parent fears that his/her children could be placed in the Maryland foster care system if detained or deported.

Informal arrangements are risky and may not protect the child if the child has a medical emergency, needs to be enrolled in a different school, needs to travel, or experiences other challenges where more formal arrangements are required.

Parent creates a family safety plan for the children:

• Speak with a trusted family member or friend to see if they will care for the children as a standby guardian if the parent is detained or deported.
• Discuss with that person the children’s educational and medical needs, safety concerns and how to manage the children’s expenses.

Parent completes and signs the Parental Designation and Consent to Beginning of Standby Guardianship Form (Form) in front of two witnesses who are not the standby guardian. Standby Guardian dates & signs the Form and keeps it in a safe place.

Parent(s) do not lose their parental rights at any time by signing the Form.  Parent(s) may revoke the Form at any time.  See Revocation Form in Tools.

Parent at some future date is detained or deported.  The standby guardianship begins the day that the standby guardian has the completed the Form and has evidence that the parent has been detained or deported.

See Detainee Locator and ICE Waiver Form in the Tools section for ways standby guardian can provide evidence of the parent’s detention or deportation.

The standby guardianship lasts 180 days from the date the guardianship begins and automatically terminates on day 180.  In order for the standby guardianship to extend beyond 180 days, the standby guardian must file a Petition to be appointed standby guardian by the Court before the end of the 180 days.  Such filing automatically extends the guardianship until the court rules.  See Court Appointment Phase.