Adoption-a family-building permanency option that provides a permanent home for a child until adulthood.

 

Best Interest of the Child-the legal standard used to guide decisions about child custody and child support.

 

Custody-there are two categories of custody--physical & legal. Physical custody is the rights to have a child live with you. Legal custody is the right to make legal decisions about a child (i.e. schools, medical, religious, etc.)

 

GAL-Guardian Ad Litem-person who is appointed by the court and paid to represent the best interest of the child in legal proceedings.

 

Legal guardianship-a legal binding relationship between a child and a caregiver, other than the child's biological parent, which may be considered as a permanent placement option for the child. This arrangement transfers all right and responsibilities for a child from the Department of Health and Human Resources to the caregiver through a court sanctioned process.

 

Relative/Kinship Care-services provided by any person related to the child by blood or marriage including cousins and in-laws. Persons who the child considers a relative, such as a godparent or significant others whom the child claims as kin may also be considered as a placement resource. These individuals must meet the criteria to be certified as foster care providers in order to receive foster care payments.

  

Formal Foster Care – Children who have been removed from their parent(s) by the state and the state retains legal control over the child or children, and the child is in licensed stranger (none relative) care.

 

Restrictive Foster Care – Children are under the legal control of the state, but relatives have been licensed to care for a particular child or sibling group. These relative foster parents are licensed to care for those children only.

 

In-Formal Foster Care – Children that are in the care of relatives 24/7, but through an informal arrangement within the family. The state is not involved.

 

Power of Attorney – This is a document that gives you some limited legal rights on behalf of the relative child in your care. These documents are usually temporary and may be rescinded at any time.

 

Abandonment – Abandonment can be defined as any conduct by the birth mother, legal father (or any other man that qualifies as the father), that demonstrates a purpose to forego all duties and relinquish all parental claims to the child.

 

De Facto Parent – You may be a de facto parent if:

 

            ▲ The child is a dependent of the juvenile court 

            ▲ You are or have been taking care of the child   every day 

            ▲ You have been acting as the child’s parent 

            ▲ You are meeting (or have met) the child’s needs for food, shelter, and clothing.        

            ▲ You have also met the child’s needs for care and affection.

 

**Note only a couple of states have laws on the books acknowledging de facto custody.

 

Some factors, which may influence the court when deciding on third party custody, are: Age, your track record as a parent, your relationship with your child and your financial situation. Since the largest percentages of caregivers are seniors, often as long as the caregiver seeking the legal relationship is in fairly good health, age will not count against them.

TPR-Termination of Parental Rights-is a legal procedure that ends the legal relationship between a child & a parent. Parental rights are protected rights and are terminated by court order only when the court has sufficient reason to do so and after notice & hearing are given to the parent.