When Relatives Are Asked To Provide Care

Biological parents sometimes ask relatives to step in and provide care for their children. In many cases, the arrangement is informal, which provides the caregiver with no legal standing. When decisions must be made on behalf of the child with schools, hospitals, and state agencies, these adults may find their hands tied.
Several legal options are usually available for the caregiver and these depend on state law. Adoption is available in all states, an arrangement that severs the rights and responsibility of the birth parents. Guardianship is another arrangement available in every state and is usually granted by a state probate court. Caregivers may access services on behalf of the child but the biological parents maintain rights and responsibilities.
Some states have permanent guardianships for children in state custody. These arrangements are difficult for birth parents to terminate. Family courts in all states grant legal custody, an arrangement similar to guardianship but sometimes with fewer rights. In some states, relatives may enter open adoption agreements. Biological parents are allowed post-adoptive contact and in some states, only non-binding agreements are established by the law.
A de facto custodian serves as the primary caregiver providing financial support to a child. The youth must have lived with the adult for at least six months if under age three or one year if age three or older. Once the court declares a relative the de facto custodian, the individual has the same legal standing as parents during custody cases.
Standby guardianships were developed during the AIDS crisis so terminally ill parents could designate someone to care for the child during parental incapacitation without terminating parental rights. In some states, relatives granted guardianship are provided monthly financial subsidies by the state. Those offering informal care are finding medical care and school enrollment easier to access in states with educational and medical consent laws.

For The Biological Parents Of Children In Foster Care

Foster parents are not the only people with rights in a foster care arrangement. Biological parents may opt for family reunification or may voluntarily relinquish the child. In some cases, involuntary termination of parental rights may occur. Each option represents a difficult decision that the adults should not make without serious consideration. The currently prevailing thought within the child social welfare system is that caseworkers should take all steps possible to return the child to the biological home. The underlying presumption is that this home is the best place for the child. It assumes that rehabilitation of biological parents from what caused the neglect, abuse, or abandonment of the child can and should occur.
Relinquishment takes place when biological parents voluntarily terminate their parental rights to the child for adoption purposes. This usually happens when the child is an infant or toddler. After signing consent forms, birth parents may change their mind about placing the child up for adoption. The timeframe within which this may be done varies by state.
Involuntary termination of parental rights occurs when the state petitions the court for permission to end parental rights, enabling the child to be adopted. This usually occurs after the child has been in foster care for a few years and it is determined that the birth parents will be unable to perform parental duties adequately. The federal Adoption and Safe Families Act of 1997 offers situational guidelines regarding parental right termination and many states have adjusted their laws in accordance.
Even when children have been neglected or abused, many of them want to be reunited with their biological parents. This is not always in the best interest of the child, so caseworkers must make their recommendation to a court, which makes the final decision. Foster care leading to adoption is another solution with permanency in mind.