Important Updates Temporary Guardianship;***Means update

Are you going through an investigation now? Tell your story and get feedback here.

Moderators: family_man, LindaJM

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Possible alternate terms for Temp. Guardian

Postby Marina » Thu May 18, 2006 9:41 am

Report of Wisconsin Committee on Relative Caregivers

Possible alternate terms for "Temporary Guardianship"
to research individual states.

http://www.legis.state.wi.us/lc/3_commi ... 20wallace'

page 5

States have enacted or modified some legal status options and
policies to assist relative caregivers. Some of the legal options include

various forms of guardianship,
power of attorney,
temporary and limited delegation of parental authority,
forms of consent legislation (school enrollment or medical consent),
notarized documents,
defacto custody,
voluntary foster care placement,
and open adoptions.

firemonkey
Posts: 91
Joined: Wed Oct 26, 2005 8:58 am

Postby firemonkey » Thu Sep 07, 2006 6:26 am

Excellent information Marina, Thank you !!!!!

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Thu Sep 07, 2006 7:05 am

There is an ongoing question about private guardianship, where the parent appoints a guardian

vs.

legal guardianship, where the court has to approve a guardian that the parent has appointed.

I think some states don't "address" private guardianship in their laws, and this is a problem sometimes, especially for families trying to obtain guardianship of the elderly.

But I have never seen ANYTHING that says a court will refuse to recognize a private guardianship.

On some of the websites for guardianship forms, one said that the forms given will comply with most states' laws. But it didn't say that some states don't recognize the concept of private guardianship at all.

A possible problem that may arise is in the issue of "required notification" of hearings. It seems to me that some Agencies may try to manipulate the wording and say that the person who has physical custody of a child is not included in the list of those people who are required to be notified of child protection hearings. In those situations, I think there is some way to get recognized by the court as a party to any proceedings. They might try to write the relative or friend off as a "caregiver," and not notify the relative of hearings.

This information from the federal website does not say that "legal custody" can only mean by court order. It says a guardian appointed by a parent is just as "legal" as a guardian approved by the court.


http://childwelfare.gov/pubs/f_kinshi/f_kinshia.cfm

Kinship Caregivers and the Child Welfare System: A Factsheet for Families
Author(s): Child Welfare Information Gateway

Year Published: 2005


(1) Private kinship care

Physical custody

Legal custody

refers to the legal right to make decisions about the children, such as where they live. Parents have legal custody of their children unless they voluntarily give custody to someone else (e.g., the parent is sent overseas)

OR

a court takes this right away and gives it to someone else. For instance, a court may give legal custody to a relative or to a child welfare agency. Whoever has legal custody can enroll the children in school, give permission for medical care, and give other legal consents.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Oct 04, 2006 1:59 pm

Below is my understanding of how the concept of guardianship works in NH. Everybody can read it and interpret in their own way, and maybe we can all learn from it.

*****************************************************

Technically, a "guardian" in NH is defined as a person appointed by the court, and the court has exclusive jurisdiction to appoint this "person appointed by the court."

Parents are the natural guardians of the child.

Any person may nominate a guardian of the person by written consent to the petitioner.

In other words, a parent may nominate a guardian of the child by written consent.
There appears to be no time limit on how long this nominated guardian can be in possession of this written consent before they have to petition the court.

If push comes to shove, however, the guardian that is nominated by the parent appears to have legal standing in court, along with somebody like a social agency who petitions the court.

It appears that the guardian that is nominated has a better advantage.

The judge can refuse to nominate the person appointed, but there has to be a finding of cause, or a reason not to appoint.

So the parent's nomination or choice of guardian has to be upheld, unless there is a valid reason, in the opinion of the court.

In one recent case, there was bleeding in the brain of a premature infant. They thought it was possible abuse occurred, and if it did, they don't know who did it, so the relatives were not allowed to have the baby.

No guardian had previously been nominated by the parents, but this is just an example of one court's finding of cause, whether anybody agrees or not.

- - - - - - - - - - - - - - -

http://www.gencourt.state.nh.us/rsa/htm ... /463-2.htm

TITLE XLIV
GUARDIANS AND CONSERVATORS
CHAPTER 463
GUARDIANSHIP OF MINORS AND ESTATES OF MINORS
Section 463:2

463:2 Definitions.
IV. "Guardian" means the individual or entity appointed by the court

- - - - - - - - - -

http://www.gencourt.state.nh.us/rsa/htm ... /463-3.htm

TITLE XLIV
GUARDIANS AND CONSERVATORS
CHAPTER 463
GUARDIANSHIP OF MINORS AND ESTATES OF MINORS
Section 463:3

463:3 Parents' Rights. –
I. The father and mother of every minor are joint guardians of the person of such minor, and the powers, rights, and duties of the father and mother in regard to such minor shall be equal.

- - - - - - - - - - - -

TITLE XLIV
GUARDIANS AND CONSERVATORS
CHAPTER 463
GUARDIANSHIP OF MINORS AND ESTATES OF MINORS
Section 463:4

463:4 Jurisdiction and Venue. –
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any minor. The jurisdiction of the court in this chapter shall be subject to the provisions of RSA 458-A.
II. (a) Venue for guardianship proceedings for a minor is in the county where the minor resides, the county where the minor is physically present when the proceedings are commenced, the county in which the authorized agency is providing services to the minor, or the county in which an underlying cause of action arose.

- - - - - - - - - - - - -

http://www.gencourt.state.nh.us/rsa/htm ... /463-5.htm

TITLE XLIV
GUARDIANS AND CONSERVATORS
CHAPTER 463
GUARDIANSHIP OF MINORS AND ESTATES OF MINORS
Section 463:5
463:5 Procedure for Appointment. –

I. Any person may nominate a guardian of the person or of the estate or of both of the person's minor child in a will, by petition, or by written consent to a petition by another. The judge of probate may, for cause, refuse to appoint a person so nominated.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Oct 04, 2006 2:19 pm

The whole point of the above links is to show that a lot of states DEFINE guardianship to mean LEGAL COURT appointed guardianship.

This makes it confusing, because everybody is not talking about the same thing.

As shown a few frames up, on this page, there are many terms for temporary guardianship for a minor, as we use it here on this forum.

various forms of guardianship,
power of attorney,
temporary and limited delegation of parental authority,
forms of consent legislation (school enrollment or medical consent),
notarized documents,
defacto custody,
voluntary foster care placement,
and open adoptions.

In many states, the term "temporary guardianship" is used perhaps when a parent dies, and the relatives petition the court for legal guardianship. Then the court gives temporary guardianship to the relatives until they can schedule a full hearing to make a formal appointment.

There is another problem with the elderly because, because of various state laws, or they don't adequately address the subject.

The problem with researching Power of Attorney is that it is used mostly with selling real estate after a person has moved away, and things like that.

In the NH situation above, I think the whole issue is not to use the term guardianship on the form, because it is legally defined in a particular way, but use another term that is not exclusive to the courts, like a parental consent form, etc.

The subject IS confusing and frustrating, and IS filled with land mines. A lawyer's advice IS needed, but there are problems with that also, which can have a forum of its own.

I am saying, look for what is NOT in the laws. If the powers are not delegated to the court, then the right is reserved to the parent.

http://www.law.cornell.edu/constitution ... amendmentx

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Carol_in_Georgia
Posts: 46
Joined: Fri Apr 18, 2008 1:50 am
Location: Georgia, USA
Contact:

Guardianship in Georgia

Postby Carol_in_Georgia » Fri May 02, 2008 11:34 pm

In Georgia, you must go through a criminal records check and a home study to be approved as a guardian. The parents (note the plural there) must both agree. This is an informal, legal custody paper agreed upon by the parties without a full blown hearing and must be approved by the Probate Judge. You become what is called a "parent defacto" meaning acting parent in fact.

If the parents don't rescind this document within a certain amount of time, they can't just come back and change their minds. Even if you agree, they have to go through court just like any other person to change custody.

The theory is (my summary) a child is not a ping pong ball to be hack hammered around. They need stability. There's alot of "kinship care" taking place these days due to young people doing drugs, being unemployed, incarcerated, or whatever. They leave their children with a relative and that relative needs to be able to take care of the legal aspects of child rearing. Once you give away your "custodial" rights, it is very hard to get them back, unless the custodian agrees. DFCS is not the custodian unless a Judge orders it. And then, it's only temporary until you have a hearing. You have the same rights as the parent at that time.

You also have the rights to get government assistance for that child if needed (and sometimes even if you don't need it) to help with expenses since the parent is obviously not capable of providing all their needs at that time. I have found DFCS doesn't want to provide services in situations like these, but they are bound to do so if you know how to go about it.

Although guardianship gives you the same rights as the parents, it does NOT terminate their right to take you to court at some future date. It also states you are to retain physical custody. IF you change physical custody, it must be approved by a court.

DFCS can take any child only if they are in immenent danger or at risk of harm AT THAT TIME and they must have a court order (emergency or otherwise) to do it.

But of course we all know, the Judge will rubber stamp an emergency order based on their word alone. If you can prove there was no imminent danger, the court MUST return the child. Whether or not a Judge does that is in his discretion once the child has been removed.

You are entitled to an adjudicatory hearing. If you don't get one, get an attorney. Do it fast. Otherwise, you could lose your rights to the child quickly and/or that child might be adopted out.

It is DFCS policy to include ADOPTION as an OPTION for each child in their case now. If you don't follow the safety plan or if you don't get them back, that is their goal. They make money for each child placed for adoption out of foster care.

Our children are the product they mass produce for profit.

tj42909
Posts: 7
Joined: Wed May 13, 2009 7:46 pm
Location: fl

i live in fl and I am going through another investigation

Postby tj42909 » Fri May 22, 2009 2:49 pm

I am learning a lot about the fl statutes. I have an attorney. I ill ask him about your problem. I just need to know in more detial of what is going on. Is ur husband/boyfriend able to take her back or would she be in foster care? Cps in fl lie through there teeth. please give me a detialed response or email me. I am willing to help you. I do have counlsel and I am sure he would answer any ?s I ask. TJ's momma.
TommyJR

Cheryl
Posts: 44
Joined: Fri Jan 04, 2008 10:41 am
Location: Phoenix, AZ

Postby Cheryl » Thu Jan 07, 2010 7:30 am

Our constituational rights provide that NOBOBY HAS TO SIGN ANYTHING......PERIOD!!!!!!!!!!!!!!!!!!

Even a court order "to sign a paper" would be "signing under deress, threat or coersion"!!!!


Return to “CPS Investigations”

Who is online

Users browsing this forum: No registered users and 10 guests