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A temporary guardian may be appointed by the Court for a limited period for a minor when the minor's custodial parent has entered a rehabilitation facility for treatment of drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol.
A guardianship is typically a temporary arrangement that establishes legal custody for the child's current caregiver. Unlike in adoption, parental rights are not terminated in guardianship; a parent can file a petition to terminate the guardianship and regain legal custody of their child at any time.
Typically, an emergency guardian is appointed by filing an emergency petition for guardianship. Such an order may be in effect for up to 72 hours. If the emergency continues, the emergency appointment of a guardian may be extended for up to 20 days from the expiration of the original emergency order.
New Rules for Guardianships Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.
A Standby Guardianship is another alternative that allows parents to decide who will care for their child if they become unable to do so. This arrangement must be notarized and signed by the child's parents, in addition to the standby guardian. It is effective for up to 12 months.