Family Separations? Have a Backup Plan
Illinois parents may designate a short term guardian for their children.
In recent months, family separations have been in the news. Is it possible for parents to write out backup plans for the care of their kids?
Yes. Illinois law provides for short term guardianship. Parents may, in writing, appoint a trusted person to help their children in case of a family separation or other emergency. The individual so named – the guardian – then takes over management of the living arrangements, health care, and schooling of the children.
Usually, a short term guardianship lasts for up to 365 days. Court involvement is not required.
Under some circumstances, the arrangement may be extended. According to 755 ILCS 5/11-5.4 (d-5), “... a short-term guardian appointed as the result of an administrative separation may renew a short-term guardianship for an additional 365 days...”
As defined by 755 ILCS 5/11-1, "'Administrative separation'" means a parent's, legal guardian's, legal custodian's, or primary caretaker's: (1) arrest, detention, incarceration, removal, or deportation in connection with federal immigration enforcement; or (2) receipt of official communication by federal, State, or local authorities regarding immigration enforcement that gives reasonable notice that care and supervision of the child by the parent, legal guardian, legal custodian, or primary caretaker will be interrupted or cannot be provided.”
The Illinois Department of Children and Family Services has posted a state-suggested form for appointment of a short term guardian. Download it using the search term “CFS 444-2”. For a Spanish language version, go to “CFS 444-2 Espanol”.
Illinois statutory reference for short term guardianship: 755 ILCS 5/11-5.4. Also see 755 ILCS 5/11-5.3 about standby guardianship (a backup to short term guardianship that is not time-limited).
Please note: states other than Illinois may (or may not) have similar arrangements.