Section 7.301 - Selecting Children to be Considered for Department Sponsored GuardianshipThe Department shall consider sponsoring a guardianship for a child in its care or custody if the child meets all the following criteria:
(1) The child will not be able to return to his/her biological parents. This determination is made by the Department based upon the history of the case and the clinical judgment of Department social work staff(2) In the judgment of the Department, there is no reasonable likelihood that the child will be adopted. This determination may be made by the Department when, for example, the child is unwilling to be adopted, or when in the clinical judgment of the Department social work staff adoption would not be in the child's best interests.(3) The child has resided with the potential guardians for at least one year. This requirement may be waived if waiver is determined by the Department to be in the best interests of the child.(4) The child is at least 12 years of age. This requirement may be waived if waiver is determined by the Department to be in the best interests of the child (for example, to keep sibling groups together).