Caring for a Relative s

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Prepared by Attorneys of BET TZEDEK LEGAL SERVICES

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A Guide for Kinship Caregivers in Los Angeles County

Caring for a Relative’

s Child

Bet Tzedek Legal Services

145 South Fairfax Ave. Suite 200 Los Angeles, CA 90036-2186 www.bettzedek.org Non-Profit Org. U.S. Postage PAID Los Angeles, CA Permit No. 35915

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Bet Tzedek gratefully acknowledges the

City of Los Angeles Department of Aging for funding this publication.

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Bet Tzedek Legal Services is a non-profit, public interest law center which provides free legal services to low-income residents of Los Angeles County. Bet Tzedek means “House of Justice” in Hebrew. Bet Tzedek serves persons of all racial, religious and ethnic backgrounds.

Los Angeles Fairfax Office 145 South Fairfax Avenue, Suite 200

Los Angeles, California 90036 323.939.0506

San Fernando Valley Office 12821 Victory Boulevard North Hollywood, California 91606

818.769.0136

Los Angeles Mid-Wilshire Office 3435 Wilshire Boulevard, Suite 470

Los Angeles, California 90010 213.384.3243

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Introduction . . . 1

How to Use This Guide . . . 2

1 Overview of Kinship Caregivers . . . 4

Who is a Kinship Caregiver? . . . 4

What is Required of a Kinship Caregiver? . . . 4

What about Parental Rights and Responsibilities? . . . 4

How Do Parental Rights Get Terminated or Suspended? . . . 5

What Happens Once a Court Order Suspends or Terminates a Mother’s or Father’s Parental Rights? . . 5

What are the Different Types of Relative Caregivers? . . . 5

Informal Relative Caregivers . . . 5

Probate Court Legal Guardians . . . 5

Foster Care Relative Caregivers . . . 6

Adoptive Parents . . . 6

2 Informal Caregivers . . . 8

Am I an Informal Caregiver? . . . 8

When the Parent Consents . . . 8

When the Parent(s) Does Not Consent or Is Not in Communication . . . 9

What Benefits Are Available? . . . 10

3 Probate Court Legal Guardianship . . . 14

What Is Probate Court Legal Guardianship? . . . 14

Can a Parent(s) Consent to Legal Guardianship? . . . 14

Can a Relative Caregiver Apply for Guardianship if the Parent(s) Do Not Consent or Are Not in Communication? . . . 14

What are the Rights of a Guardian? . . . 15

How Do I Obtain Legal Guardianship? . . . 15

Special Categories . . . 16

Compare: Informal Custody vs. Legal Guardianship . . . 16

4 Foster Care Relative Caregivers . . . 18

What is the Department of Children and Family Services? . . . 18

What Does DCFS Do? . . . 18

What Happens if DCFS Removes the Child from the Parent(s) Home? . . . 18

How Do Kids Get Placed into the Foster Care System? . . . 18

Call from a Social Worker . . . 18

Bet Tzedek Legal Services

145 South Fairfax Avenue, Suite 200 Los Angeles, CA 90036

Permission is hereby granted to reproduce this book or portions thereof, provided Bet Tzedek is acknowledged in writing on each page reproduced and such copies are not offered for sale in any manner.

Printed in the United States of America Author: Erikson Albrecht

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iii Table of Contents

abOUT THe aUTHOR

IMPORTanT nOTe

In 2002, Bet Tzedek produced the first edition of this publication in partnership with Public Counsel and with sup-port from the City of Los Angeles’ Department of Aging. This edition was prepared solely by the staff of Bet Tzedek Legal Services.

Every attempt was made to ensure the accuracy of the information in this guide. Bet Tzedek Legal Services reserves the right to revise the guide at any time–without notice–and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.

Since relevant laws change from year to year, please make sure to review the most recent edition of this guide. Re-sources identified in this guide may be useful to the reader. Such references do not constitute an endorsement by Bet Tzedek Legal Services of the programs or services of those enterprises.

All individuals and experiences referenced in this guide are fictional. Permission to photocopy is granted, provided that “Bet Tzedek Legal Services, © 2011” appears on each page and that any photocopies are not sold.

erikson albrecht

Erikson Albrecht is the Kinship Care Attorney at Bet Tzedek Legal Services and specializes in representing relative caregivers. He counsels grandparents and other relative caregivers on the legal options for formalizing their caregiving role. Mr. Albrecht also assists caregivers in identifying accessible resources and public benefits for which they are eligible. He advises relative caregivers on their rights to authorize medical care and on asserting educational rights for the children in their care. He also represents relative caregivers in obtaining Probate Legal Guardianships in Los Angeles County Superior Court.

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11 Introduction

InTRODUCTIOn

This guide is designed to educate relative caregivers in Los Angeles County regarding their legal options and how to access government programs and community services. This guide explores:

• The custodial options available to you for the child in your care, including informal custody, foster care, legal guardianship and adoption;

• The financial resources available to provide for the child in your care, including cash assistance from CalWORKs (California Work Opportunities and Responsibility to Kids), foster care (“Youakim” benefits), child support, Supplemental Security Income (SSI) and other Social Security benefits;

• Government programs and community services providing health care, food, educational programs, housing and child care; and

• Advice on what to do if you are treated unfairly or do not receive what you are entitled to by law.

Although some of the following information may be applicable to licensed non-relative foster parents, those caregivers should consult the Appendix and contact a legal service provider for specific information about the foster care system.

Please pay special attention to the rules and policies that apply to the following special categories: children with disabilities, non-citizen or undocumented children, Native American children, terminally ill parents, incarcerated parents, deceased parents, and caregivers who are non-relative extended family members.

If you need legal advice about your particular situation, you should seek an individual

consultation with an attorney. The information in this guide is based on federal law and the law of California. It is intended for use by residents of Los Angeles County, California, although some aspects (particularly those which are based on federal law) may be applicable in other counties or other states. If you are not a resident of Los Angeles County, California, please consult an attorney in your area to supplement and verify the information contained in this guide.

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HOw TO Use THIs GUIDe

This guide has been written to help you in your role as a caregiver. The information in this guide is for people who have already become a caregiver. It provides legal information to assist you. However, it is not a do-it-yourself legal guide. Most likely you will need a lawyer’s help at various times during your role as a caregiver.

While the guide contains useful information and resources, it is not meant to be read straight through. Instead, read the Overview first and any other sections that apply to you. Then look in the Table of Contents to find other information that may be helpful.

Did the child’s parent(s) leave the child in your care?

If so, read the Overview and then read the section on Informal Caregivers.

Are you already an approved foster care relative caregiver?

If so, read the Overview and then read the section on Foster Care.

Are you caring for a non-citizen or undocumented child,

a Native American child or a child with disabilities?

Are the child’s parents deceased, terminally ill or incarcerated?

If so, read the Overview and make sure to review the sections on Special Categories throughout this guide.

The Appendix has a Glossary of Terms, Kinship Care Directory and Sample Forms. Keep this guide handy, and refer to it when you need additional information. If a term appears in bold print, you will find it defined in the Glossary.

You will find that most resources in the guide have contact information that includes an Internet website address. These websites often have more detailed information about the organization or program than you will get by calling the contact number. If you do not have access to the Internet at home, consider using a computer at a local public library to access the information. Most libraries have reference librarians who will assist you in accessing and printing the website information.

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ChApTer 1

OVerVIeW

Of KInshIp

CAreGIVers

We recommend that you read this section in its entirety before continuing with the rest of the guide.

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who is a Kinship Caregiver?

A kinship caregiver is a relative, other than the parent, who is providing day-to-day care for a child. Most often, those caregivers are the child’s grandparents. The child’s parents may be in drug or alcohol treatment programs, in jail, deceased, homeless, or terminally ill. They may have lost custody because of child abuse,

abandonment or neglect or are just unwilling to care for the child. When the parents of a child cannot or will not properly care for their child, a relative is not legally required to become a caregiver; however, if a relative does not come forward to care for a child in need, the county may place the child in a group or foster home with non-relatives.

what is Required

of a Kinship Caregiver?

Being a relative caregiver can be a challenging experience. Some caregivers face difficult decisions about how to adjust their lives in order to care for their relative’s child. Some consider quitting their jobs to care for a child, others may take on a new job or delay retirement plans to ensure that they have enough money to properly care for the child. Caregivers are forced to deal with whole new sets of issues. Are they eligible for financial help? Can they register the child for school? Can they authorize medical care?

The manner in which you become a relative caregiver, whether informally or through the courts, will determine the custodial and financial options that are available to you. This guide will help you explore those options. It is important, first, however, to understand the rights and responsibilities of a parent so that you, as a caretaker, can better understand your own rights and responsibilities.

what about Parental Rights

and Responsibilities?

Generally, parents have legal custody of their children; this means they have the right to

4 1 Overview

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make crucial decisions for their children. These rights include where the child will live, what religion the child will practice, where the child will attend school, and which medical treatments the child will receive. In addition to these rights, parenthood also comes with many responsibilities. Parents are legally responsible to support their children and to provide the basic necessities—food, clothing and shelter— until the child reaches the age of 18.

How do Parental Rights Get

Terminated or suspended?

Only a court order can terminate or suspend a parent’s rights. Unless a court order suspends or terminates the mother’s or father’s parental rights, the mother and father have the ability to make decisions that can affect you as a relative caregiver—even if the child is living in your home. For example, unless a court has made orders affecting the parents’ rights, the parents can remove the child from your home, register the child in another school district, and prohibit the child from visiting with you or other relatives.

what Happens Once a Court

Order suspends or Terminates

the Mother’s or Father’s Parental

Rights?

The court may:

• give legal custody to either the mother or the father,

• appoint a non-parent as the legal guardian of the child and/or the child’s finances,

• open a case in the Juvenile Court and

give the Department of Children and Family Services (DCFS) or the Probation Department legal custody of the child, or

• terminate the mother’s and father’s parental rights and allow another person to become the child’s legal parent through adoption. Absent a court order terminating parental rights, legal custody of a child ends when the child reaches the age of 18, marries, joins the armed forces or the child is emancipated by court order.

what are the Different Types

of Relative Caregiver?

1. Informal Relative Caregivers are those relatives who simply have assumed responsibility for a child in need without involvement from the court system, child protective services or other authorities. Informal relative caregivers may have physical custody of the child, but have limited rights to make decisions regarding a child in their care because they do not have legal custody.

2. Probate Court Legal Guardians are caregivers who have had their petition to be appointed Legal Guardian granted by the Probate Court. Once appointed

5 1 Overview

Mrs. Jones, 50, has cared for her daughter’s three children since birth. neither Mrs. Jones nor her daughter have gone to court regarding custody of the children.

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by the court they are awarded legal and physical custody of a child.

3. Foster Care Relative Caregivers are those relatives who care for a child who has been removed from the parents’ home and is in the foster care system. The Department of Children and Family Services (DCFS) or the Probation Department has legal custody of the child who is then placed in the care of an approved relative caregiver. Some of these relative caregivers obtain legal guardianship in the Juvenile Court.

4. Adoptive Parents are those relatives who have participated in a court proceeding which occurs after both the mother’s and father’s parental rights have been terminated. Relative caregivers who adopt are considered the child’s parents under the law. Adoption permanently terminates all of the biological parents’ rights and obligations; this includes visitation and financial support.

6 1 Overview

susan and Tom were both in the military. They were called to active duty and needed to leave their two children in the care of susan’s parents. susan’s parents filed a petition for guardianship with the court requesting that they be given legal guardianship over the children so that they could consent to medical care and handle other matters on susan and Tom’s behalf.

Ms. Brown, 30, a bank manager, is raising her sister’s two children. her sister left the two children, ages 6 months and 2 years, alone in her apartment. neighbors reported the sister to the police and child protective services took custody of the children and placed them with Ms. Brown. Ms. Brown completed the requirements to become an approved foster care caregiver.

Marie’s granddaughter was born with drugs in her system. The hospital staff notified the Department of Children & family services, which identified Marie as a possible foster care relative caregiver. Upon release from the hospital, the baby was placed in Marie’s home. Marie’s daughter refused to participate in the parenting classes and drug treatment recommended by DCfs and ordered by the Dependency Court. The court terminated Marie’s daughter’s parental rights and Marie adopted her granddaughter.

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ChApTer 2

InfOrMAL

CAreGIVers

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am I an Informal

Relative Caregiver?

You are an informal relative caregiver if you are raising a relative’s child without the court first having approved the placement or having DCFS place the child in your home. An informal relative caregiver generally assumes responsibility for a child without involvement from the court system, child protective services, or other authorities. As a result, the informal relative caregiver may have physical custody, but does not have legal custody over the child. This informal caregiving relationship may arise with or without the parents’ consent and cooperation.

when the Parent Consents

This informal custodial arrangement has worked well for Carol and her family. Although the world has generally accepted Carol and Bill as Joey’s primary caregivers, there have been instances when they needed Tina in order to

make decisions regarding Joey. For instance, when Joey needed corrective eye surgery, the hospital would not proceed without Carol and Bill bringing Tina to the hospital to consent. This problem was resolved because the child’s parent was available, cooperative and in communication with the relative caregivers.

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InFORMaL CaReGIVeRs

When Carol and Bill’s daughter, Tina, became pregnant at age 16, Carol and Bill took responsibility for the newborn infant and continued to care for him after Tina left home to go to college. DCfs was never involved in the family’s decision to care for the child. Carol and Bill never filed for legal guardianship of their grandson. The child, Joey, is now 11 years old and continues to live with his grandparents. Tina has finished college and now has a job. Although she no longer lives at home, Tina is in close contact with her parents and her son, Joey.

aDVICe

Many parents ask a relative to care for their child when they are not able to provide the care themselves. Even if you are in frequent communication with the parent(s) and you are confident that you can reach them in emergencies, we recommend that you ask the parent(s) to help you take the following steps: 1. Get a copy of the child’s birth

certificate

2. Get a copy of the child’s Social Security card

3. Get a copy of all medical records, especially immunization history 4. Have the parent(s) sign an

Authorization of Medical Agent Form (see Forms section)

5. Have the parent(s) sign and notarize a letter giving you permission to care for the child. (Warning: this letter does not give you any kind of legal custody over the child, nor does it suspend or terminate the parent’s rights. However, it can be helpful when dealing with doctors, schools, and others in the future.)

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when the Parent(s) does not

Consent or is not in Communication

Unfortunately, Pat’s situation has been difficult. Pat has no documents from Lisa designating Pat as the primary caregiver. Nor does she have copies of Nicholas’ birth certificate or Social Security card. While Pat has the full cooperation of Nicholas’ pediatrician, she has

aDVICe

If you are a relative caregiver and are not in communication with the child’s parent(s), we recommend that you: 1. Request a copy of the child’s birth

certificate from the office of the County Clerk where the child was born. In Los Angeles, this office is called the Los Angeles County Registrar-Recorder. (See Resources section.)

2. Request an application for a replacement copy of the child’s Social Security card from the Social Security Administration (SSA). The same application can be used to request an original number for the child. (See Resources Section.)

3. Complete a Caregiver’s Authorization Affidavit. This form allows you to enroll a child in school and consent to medical and dental treatment, including immunizations. It does not require the signature of a parent, but does require that you make an effort and swear under written oath that you attempted to contact the child’s parent to get consent for non-school related medical care.

4. Consider filing a petition to be appointed Legal Guardian. (See Legal Guardian section.)

5. Consider contacting DCFS to place the child in the foster care system in order to be eligible for the foster care resources and benefits. (See Foster Care Relative Caregivers section.) You must contact DCFS immediately after caretaking begins. The contact number in Los Angeles County for DCFS is 800-540-4200.

Please note, the decision to contact DCFS should not be made lightly because there is always a possibility DCFS will determine the relative caregiver is not suited to care for the child and will place the child elsewhere. On the other hand, if the child has special physical or medical needs, is disabled or undocumented, it may be advantageous to contact DCFS because more financial benefits and supportive resources may be available to the caregiver through the foster care system.

Lisa was a drug addict who lived with her mother, pat. Lisa’s son, nicholas, also lived in the home. nicholas’ father is unknown. When nicholas was only three years old, Lisa simply disappeared. It has been weeks since pat heard from Lisa. pat continues to care for nicholas in her home.

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other difficulties. Pat cannot add Nicholas to her health insurance because she is not his legal guardian. Pat is also worried about enrolling Nicholas in school. But perhaps the greatest disadvantage of Pat’s informal caretaking role is her ongoing fear that Lisa might return one day and take Nicholas away. Pat knows that life on the street with his mother would put Nicholas in real danger.

Pat’s situation is less than ideal and it may be in her best interest, as well as Nicholas’, to consider a more formal caretaking arrangement, either as Nicholas’ foster care relative caregiver, legal guardian or adoptive parent. Each of these options will be discussed fully later in this guide. However, all informal caregivers can take a certain amount of control over their situations.

what benefits are available?

For further information on these topics, please consult the section entitled Benefits.

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Monthly cash assistance from CalWORKs

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Health insurance through Medi-Cal

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SSI (where child has a disability)

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Survivorship Benefits

* Child must be a Legal Permanent Resident

or a United States Citizen to qualify for benefits. Children being raised by Informal Relative Caregivers may qualify for*

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aDVICe

1. If you are not eligible for or do not wish to receive CalWORKs for yourself, explain to the DPSS worker that you are making a “child only” application when applying for CalWORKs or Medi-Cal. As a “non-needy caregiver” your household income should not be used to determine the child’s eligibility for either program unless you are also personally receiving CalWORKs. 2. Remember that undocumented or

non-citizen children are not eligible for CalWORKs or Medi-Cal.

3. Monthly cash assistance from

CalWORKs is less than the monthly cash assistance from foster care, and unlike

foster care payments, does not provide supplements for children with special needs. See Foster Care section.

4. If DPSS denies your application for CalWORKs or Medi-Cal, you have a right to appeal the denial. Call the toll-free number 800.952.5253 once you receive your Notice of Action.

5. Be aware that if you do apply for CalWORKs on behalf of the child, the county Child Support Services

Department may pursue the parent(s) for reimbursement if they are employed. 6. In addition, the child in your care may

be eligible for additional benefits that are identified in the section entitled Other Benefits.

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ChApTer 3

prOBATe COUrT

LeGAL

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what is Probate Court

Legal Guardianship?

This type of guardianship is a legal process where an informal caregiver files a petition with the Probate Court to ask for legal custody of the child. If the caregiver has decided against calling DCFS to have the

child placed with him or her as a foster child, Probate Court legal guardianship is the first option to consider. A legal guardianship does not terminate the child’s parental rights; rather it suspends a parent’s rights temporarily. Legal guardianship can be granted with or without the parents’ consent or cooperation.

Can a Parent(s) Consent

to Legal Guardianship?

Yes, a parent can nominate or consent to the relative’s appointment and the court will typically honor the nomination. When the guardianship is not contested by the parents or certain other relatives, the proceeding is fairly straightforward and can often be handled without an attorney.

If you are low income, legal services

programs can help you with the paperwork. Additionally, in some instances, an attorney may be available to represent you. The whole process typically takes one to three months. To initiate the process, contact an attorney or use the Kinship Care Directory section of this guide.

Can a Relative Caregiver apply

for Guardianship if the Parent(s)

do not Consent or are not

in Communication?

Yes! The relative can still file a petition in the Probate Court seeking legal guardianship of the minor child when a parent does not consent or cannot be found. However, the law requires that the child’s parents, siblings, half-siblings and grandparents be notified of

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the guardianship proceedings so that they have the opportunity to object to the petition if they so choose.

If a parent objects, the guardianship proceeding is referred to as a “contested hearing.” The court may, in these instances, appoint an attorney to represent the interests of the child and to make a recommendation to the court. If you think that your petition for guardianship will be contested, it is probably in your best interest to find an attorney to assist you.

what are the Rights of a Guardian?

Once the court grants the guardianship petition, the caregiver is called a “legal guardian.” A legal guardian has the ability to act on the child’s behalf and make decisions regarding the child as if the guardian were actually the child’s parent. The guardian has legal and physical custody. Another major benefit of a guardianship is that the child’s parents are prohibited from removing the child from the home without the guardian’s permission. A parent who takes the child without permission can be criminally prosecuted. However, the establishment of a guardianship does not terminate parental rights altogether, and a parent, or any other interested person, can petition the court to terminate the guardianship.

aDVICe:

How Do I Obtain

Legal Guardianship?

1. You must first file a petition with the court requesting legal guardianship. The court requires a fee to file the papers for the legal guardianship. However, if you are low-income, you can ask the court to waive the fee by completing and filing a Request to Waive Court Fees form. If you do not qualify for a fee waiver, and the child in your care is 12 years old, he or she can file as the petitioner. If the child is at least 12 years old and listed as the petitioner, only the child’s income will be counted when considering the fee-waiver application.

2. When you apply for legal guardianship, the Probate Court will investigate your personal background. The court papers will require you to complete a confidential questionnaire that asks about your criminal history.

3. If the child in your care has financial assets, you may be required to apply for legal guardianship of the child and his or her estate. If the court approves this request, you will have additional record keeping and reporting

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what benefits are available?

For further information on these topics, please consult the section entitled Benefits.

special Categories

If you are caring for a child with a terminally ill parent, you can petition the court to become a joint guardian with the child’s parent. This process will ensure that the caregiver will continue to care for the child after the parent’s death.

Compare: Informal Custody vs. Legal Guardianship

The chart below compares the main differences and similarities between informal relative caregivers and legal guardians.

• Parents have full rights, including the right to reclaim the child at any time

• Child ineligible for caregiver’s work insurance plans

• Caregiver can’t consent if “parent or legal guardian consent required”

• Parents have responsibility to financially support child

• Parents’ rights suspended and transferred temporarily to legal guardian; parent must go to court to terminate the legal guardianship before reclaiming the child

• Child eligible for caregiver’s work insurance plans

• Legal guardian can give consent

• Parents have responsibility to financially support child

Informal Custody vs. Legal Guardianship

3

Monthly cash assistance from CalWORKs

3

Supplemental Security Income (SSI)

3

Social Security Dependent’s Benefits

or a United States Citizen to qualify for benefits. Children being raised by a Probate Court Legal Guardian may qualify for*

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ChApTer 4

fOsTer CAre

reLATIVe

CAreGIVers

what benefits are available?

For further information on these topics, please consult the section entitled Benefits.

special Categories

If you are caring for a child with a terminally ill parent, you can petition the court to become a joint guardian with the child’s parent. This process will ensure that the caregiver will continue to care for the child after the parent’s death.

Compare: Informal Custody vs. Legal Guardianship

The chart below compares the main differences and similarities between informal relative caregivers and legal guardians.

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what is the Department of Children

and Family services?

In Los Angeles County, the child protective service agency is called the Department of Children and Family Services (DCFS). DCFS is responsible for providing temporary care (usually called foster care) for children who have been abused or neglected and some children on probation.

what Does DCFs Do?

When DCFS receives allegations of abuse or neglect, it will send a social worker to investigate. DCFS may decide (1) no action is needed, (2) to work with the family outside of the court system and provide family preservation services, or (3) to remove the child from the parents or legal guardian and place the child in protective custody.

what Happens if DCFs Removes

the Child from the Parent(s) Home?

If DCFS removes a child from the home, DCFS places the child in a foster home while the parents are given time to attempt to reunite with their children. When a child is placed in foster care as a condition of his or her probation, the Los Angeles County Probation Department will make a recommendation whether to return the child to the parents after the child has completed the probation period. The law requires DCFS and the Probation Department to look for relatives to care for the child. If a relative is located, the relative

will need to be “approved” before the child is placed in the relative caregiver’s home. If no relative can be located, the child is placed in a licensed group or non-relative foster home. While the concept of foster care carries with it many negative associations, certain benefits and services are available through the foster care system that are not available to informal relative caregivers, Probate Court legal guardians or relatives who adopt a child who is not in foster care.

How Do Kids Get Placed into the

Foster Care system?

1. Call from a social worker

Generally, a relative receives a phone call from DCFS after the child is removed from the parents’ home. The relative will be asked whether they would consider caring for the child.

18 4 foster Care relative Caregivers

FOsTeR CaRe ReLaTIVe CaReGIVeRs

Thurston’s first grade teacher noticed bruises on both of his legs. As a teacher, Ms. Kay is required by law to report suspected abuse. An emergency social worker investigated the report and removed Thurston from his father’s home. The social worker contacted Thurston’s grandmother who lived in the same neighborhood to see if she would care for the child.

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19 4 foster Care relative Caregivers 2. Call from a Probation Officer

A child who is cited for committing

delinquent acts may be placed on probation and placed into the foster care system. Please note that not all juvenile incidents will result in arrest, detention and removal from home; in some cases, the probation officer designs a program of classes, counseling and or community service to be successfully completed in lieu of appearing in court. A child is removed from his or her home and placed in “suitable placement” when the delinquent behavior is believed to be a result of the home environment and influences therein. Suitable placement options are identified and chosen specific to the needs of the individual child and may include group homes, family homes, mental health facilities or relative caregiver homes. When placement in a relative’s home is appropriate, the Probation Department is required, just like DCFS, to attempt to identify suitable relatives. Such relatives, and their homes, must be approved prior to the child being placed in the home. The approval process involves a home inspection and background check of all residents in the home prior to

the placement of the child. Similarly, where a child is removed from the parent’s home by the Probation Department, reunification services are provided to the parents.

Marcel, who is 15 years old, was cited for an altercation at school and is on probation. Marcel’s probation officer believes that Marcel’s mother’s boyfriend is using drugs in the home and recommends that Marcel be placed in foster care during his probation.

aDVICe

If the child in your care was placed into foster care as a condition of his or her probation, please review the Judicial Council of California’s website for additional information on the Juvenile Court Delinquency Process and Probation Foster Care.

Judicial Council of California

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3. Call to Locate Child in Protective Custody

Some relatives receive a phone call from the parents or other family members informing them that a related child has been removed from the parents’ home and taken into

protective custody. These relatives can contact DCFS and offer to care for the child.

4. Call to Report abuse or neglect

Some people, suddenly faced with raising a relative’s child, choose to contact DCFS, volunteer the child into the foster care system, and then become foster care relative caregivers in order to responsibly provide for the child with the support of foster care services and financial assistance. The decision is a difficult one to make. For example, in Jonathan’s case above, the social worker may believe that Erin’s parents have made appropriate arrangements for Jonathan to care for their child. In this situation, DCFS may decide the child is not “at risk,” and therefore refuse to open a foster care case. There is also the possibility that DCFS will determine that the relative caregiver is not suited to care for the child. In that case, the child will be placed with other relatives, non-relatives or in a group home.

Despite the complicated issues to consider when a child is left in your home by a parent, a relative caregiver who chooses to contact DCFS should do so immediately after the caretaking begins. This is because DCFS intervenes when a child is in immediate harm; Magdelena received a call at work from

her niece, rose. rose told Magdelena that DCfs had taken rose’s son, Mario, into protective custody.

Jonathan’s 20-year-old son, robert, is a cocaine user. sometimes, robert and his girlfriend, sherrie, will leave their 2 year-old daughter, erin, with Jonathan and not come back for days. Jonathan is worried for the safety of erin and was told he could contact DCfs regarding his granddaughter.

aDVICe

If you are aware of a child who has been removed from his or her home and you want to care for this child, you should immediately call the DCFS Hotline (called the Child Abuse Hotline). Tell them you want to care for the child and you need the name and phone number of the child’s emergency social worker. Be prepared to provide the name, address and age of the child, mother and father.

DCFs Child abuse Hotline 800.540.4000 (toll-free)

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DCFS is less likely to intervene when the child is safe, secure and in a stable home.

what Happens if DCFs

Decides a Child is not at Risk?

If a DCFS social worker’s investigation substantiates allegations of abuse,

abandonment and/or neglect, she will open a foster care case. If the allegations are not substantiated, but the investigation nevertheless confirms an immediate issue that needs attention, she may choose to identify a relative to care for the child without opening a foster care case.

Sometimes, a social worker will contact a child’s relatives, ask them if they are willing to care for the child, and advise them they need to get legal guardianship through Probate Court. Generally, this means that DCFS does not believe the child is “at risk” and does not want to take the child into protective custody.

Daniel’s parents were arrested for robbery. A social worker called his great-aunt, nelda, to see if she would be able to care for Daniel. nelda agreed to take Daniel into her home. The social worker told nelda that she should get legal guardianship of Daniel.

aDVICe

If you are considering this option, please review the entire section dealing with foster care relative caregivers. Before you contact DCFS, you are strongly encouraged to contact an attorney to assist you. To report abuse or neglect, relatives should call the DCFS Child Abuse Hotline at 800.540.4000 (toll-free)

aDVICe

If you receive a call telling you to pick up a child and to get legal guardianship, you are strongly encouraged to contact an attorney.

If the child’s parents are incarcerated, you may want to ask DCFS to take custody of the child who is abandoned and place the child in foster care in your home.

If DCFS does not take the child into protective custody, you can file a petition with the Juvenile Court requesting that the court take jurisdiction. The petition is called “Application to Commence Proceeding by Affidavit and Decision by Social Worker (JV-210).” This form is available online at www.courts.ca.gov. Please be aware that if you file for Probate Court Legal Guardianship, you will not be eligible for any benefits or services from the foster care system. Please review the section in this guide on Probate Court Legal Guardianship. If you have questions as to why DCFS has contacted you, please call the Child Abuse Hotline at 800.540.4000.

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How DCFs approves Relatives

as Caregivers

The requirements for “approval” fall within three different categories: criminal records clearance, caregiver qualifications, and safety of the home environment.

• A criminal record check, which includes a child abuse records check, is required for all applicants and adults living in the home;

• Caregiver qualifications require an ability to provide supervision for the child, and an ability to meet the child’s needs; and

• A clean safe environment that provides for the storage of weapons, poisons, medications, and provides safe, healthy and comfortable accommodations.

aDVICe

You can request a copy of the requirements for foster care relative caregivers by calling the DCFS Kinship Resource Center and asking for a copy of the seven-page packet called “Approval of Prospective Caregiver (DCFS #723).” If your home is not approved, you are entitled to a written description of what disqualified your home. Additionally, the social worker is required to assist you in remedying issues with your home that can be fixed in order for your home to be approved. The DCFS Kinship Resource Center can assist you in navigating the approval process and addressing your concerns. Call the DCFS Kinship Resource Center at 888.694.7263 If you, or any other person in the

household, have a criminal record of any kind, you should consider contacting a criminal attorney to see if you can get the arrest, probation or parole removed from your record. This process is called expungement. Until the record is cleared, it is unlikely that DCFS will issue a waiver and approve you as a relative caregiver if you have any criminal record. (See Kinship Care Directory.)

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Kinship Care education

Relative caregivers, unlike non-relative foster parents, are not required to be licensed, but instead must be “approved” by DCFS. When you become a foster care relative caregiver, DCFS will encourage you to take a parenting course called Kinship Education and Preparation Support (KEPS) Orientation Class. This four-hour class is offered at various community colleges in Los Angeles County. You will also be able to sign up for a 36-hour KEPS class on additional parenting skills.

what is the Juvenile Court

Dependency Process?

When a child is removed from the parents’ or legal guardian’s custody for abuse or neglect, DCFS must file a petition with the Juvenile Court Dependency Division within 48 hours stating the allegations of abuse or neglect. Once the petition is filed, a series of court hearings are held to determine if the child is “at risk” and if so, what the parents need to do in order to regain custody of the child. In dependency hearings, separate attorneys represent the mother, the father, the child and DCFS. Children in foster care also have a Children’s Social Worker (CSW) and may have a Court Appointed Special Advocate (CASA volunteer). The social worker must visit the child once every month. Although you may be the child’s primary caregiver, you will not have a lawyer appointed to represent you. Because it is important for the judge and the other attorneys to know how you are caring for the child, we recommend you attend the hearings. The social worker is required to send you written notice of future hearings and copies of reports on parents’ progress, or lack of progress, toward reunification.

aDVICe

To locate a Kinship Education and Preparation Support (KEPS) Orientation Class call the Kinship Resource Center at 888-MY-Grand (888.694.7263) or for more information go to http://dcfs.co.la. ca.us/kinshippublic/default.html

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aDVICe

A foster care relative caregiver should submit a De Facto Parent Request (JV-295) to the court. Usually this application is submitted at the disposition hearing. If you believe it is in the best interests of the child to have your opinions represented in court, you will need to apply for de facto parent status. The application requires the relative caregiver to detail the relationship, nature and frequency of contact with the child. If granted by the court, you will be afforded the same rights as the child’s parents and be allowed to be represented by an attorney and participate in the court hearings. De Facto Parent status also allows you to be provided court-appointed counsel at the judge’s discretion. The form is a simple one-page document. Contact the Children’s Court Clerk’s office to get a copy of the application or print it from http://www.courts.ca.gov.

Whether or not you obtain De Facto Parent status, as the primary caregiver you should complete a document called the Caregiver Information (JV-290) form prior to each court hearing and whenever a major change has occurred. This document allows you to submit written information to the court regarding the child’s physical health, education, adjustment to living arrangement or other helpful information. For example, the form asks the caregiver to keep the court informed of any special education needs of the child. The form should be signed by the foster care relative caregiver and submitted to the court well in advance of the each hearing date. The form is a simple two-page document. Contact the Children’s Court Clerk’s office to get a copy of the application or print it from http://www.courts.ca.gov. As a foster care relative caregiver, you should also make sure you keep all court forms in an organized folder. Throughout the process, you may be asked to provide copies of the child’s birth certificate, Social Security card, medical records and various other papers. We recommend that you get a spiral notebook with pockets so you can keep track of various activities and contact numbers.

Finally, if you are the legal guardian of a child and are charged with abuse or neglect you will be entitled to an attorney and offered reunification services. If you have not received notice of a hearing or a copy of the social worker’s report regarding reunification efforts, call your child’s social worker (CSW). If the CSW is unresponsive, contact the social worker’s supervisor and request that these documents be sent to you in a timely fashion.

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DCFs Resources

One of the major reasons to consider opting into the foster care system is the variety of resources available to foster care relative caregivers. These resources are designed to assist both the children and their caretakers. Consider the following programs:

• Child care programs for foster care relative caregivers who are working or in school;

• Clothing allowance for foster children;

• Independent Living Program (ILP)—at the age of 14, all foster children are eligible, on request, to participate in the program which provides resources and training for living on their own;

• Kinship Resource Center Support Groups for relative caregivers.

special Categories

native american Children

If a child in your care is Native American, please be aware that the Indian Child Welfare Act (ICWA) requires courts to give priority to placements in Native American homes. If you need assistance with this issue, please contact an attorney.

Undocumented or non-Citizen Children

If a child in your care does not have legal permanent resident status and is in the foster care system, a special process can assist the child in obtaining residency papers. The process is called Special Immigrant Juvenile Status. Contact the Child’s Social Worker or

an attorney to initiate this process. In order for the child to obtain residency papers, the process must be completed before the child turns 18 years of age or the dependency, delinquency or probate case is closed.

what benefits are available?

Long-Term Foster Care Options

DCFS’s primary goal is the safety of the child. DCFS attempts reunification of the child with the parent(s) whenever possible. However,

3

Monthly cash assistance from CalWORKs (if eligible and not receiving Youakim)

3

Youakim Benefits

3

or a United States Citizen to qualify for benefits. Children being raised by

Relative Caregiver in Foster Care may qualify for*

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there are situations where it is unlikely that the child will ever be reunited with the parent(s). If the child cannot be returned home after 12 months (six months if the child or any sibling is under three years of age), federal and state law require that a permanent plan be made for the child.

Foster care relative caregivers, like Perry, must decide what is the best custodial option to continue to provide care for the child. Some relatives want to keep things as they are. Some relatives want to make sure the child remains their foster child and is not moved from home to home within the system. Others feel as if they no longer need the support services offered by DCFS but are not comfortable adopting the child. The following four permanent plan options are available to foster care relative caregivers:

• Long-Term Foster Care;

• Dependency Court Legal Guardianship;

• Dependency Court Legal Guardianship with Kinship Guardianship Assistance Program (Kin-GAP); and

• Dependency Court Agency Adoption with Adoption Assistance Program (AAP).

Long-Term Foster Care

If the permanent plan for the child is Long-Term Foster Care, the child will remain in the custody of DCFS until he or she reaches 18 years of age, marries, is adopted or is emancipated.

If you choose Long-Term Foster Care, you will continue to receive the same benefits you received as a foster care relative caregiver discussed above, including cash assistance from either Youakim or CalWORKs, medical coverage through Medi-Cal, and access to DCFS services and resources.

Dependency Court Legal Guardianship

Long-Term Foster Care may be inadequate for many foster care relative caregivers because DCFS retains legal custody of the child. Some caregivers need the security of knowing that the child cannot be simply taken out of the home by DCFS without cause. Dependency Court Legal Guardianship is a legal process where the relative will go to court to ask for legal custody of the child. In order for the child to be removed from the foster care placement, DCFS will have to go to court to terminate the legal guardianship.

If you choose to become a legal guardian with Dependency Court Jurisdiction and request phyllis’ two children were removed by

DCfs after a doctor reported severe bruising found during the children’s yearly physical exam. The Dependency Court ordered phyllis to attend anger management classes and the children were placed with perry, phyllis’ father, as a relative foster caregiver. six months later, phyllis has still not attended the classes and the court has set a hearing to make a permanent plan for the children because reunification efforts have failed.

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continued jurisdiction by the Dependency Court, you will continue to receive the same benefits you received as a foster care relative caregiver discussed above, including cash assistance from either Youakim or CalWORKs, medical coverage through Medi-Cal, and access to DCFS services and resources.

Dependency Court Legal Guardianship with Kinship Guardianship assistance Program (Kin-GaP)

Some foster care relative caregivers feel as if they no longer need the support services offered by DCFS but are not comfortable adopting the child. In California, a program called the Kinship Guardianship Assistance Program (Kin-GAP) is available to foster care relative caregivers who have been caring for a child for at least six months. The Kin-GAP program was originally designed to give foster care relative caregivers the ability to remove their family from Dependency Court jurisdiction without terminating parental rights or going through the adoption process.

Under the Kin-GAP program, the relative caregiver becomes the child’s legal guardian and the Dependency Court terminates its jurisdiction over the child. The program allows the relative caregiver to continue to receive monthly cash assistance for the child, including children with disabilities receiving the “D” or “F” foster care rate. (See Benefits section for more information.)

aDVICe

There are some resources, benefits and scholarships available to children who are currently in foster care or who “aged out” of foster care at the age of eighteen. Exiting the foster care system via Kin-GAP may disqualify a child for such resources. Before deciding to exit foster care via Kin-GAP, you should contact the Kinship Resource Center for advice on whether these issues are applicable in your situation.

3

Monthly cash assistance from CalWORKs (if eligible and not receiving Yoakim or Kin-Gap)

3

Youakim or Kin-Gap

or a United States Citizen to qualify for benefits. Children being raised by a Dependency Court Legal Guardian

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If I leave the foster care system through Kin-GAP, can I still get Medi-Cal?

Yes, under Kin-GAP, a child continues to be eligible for Medi-Cal until 18 years of age. Eligibility for Medi-Cal can continue until age 21 if the child is in school, but additional action will be required prior to the child’s 18th birthday.

The child is a client of a Regional Center, can I still Kin-GAP?

Yes, enrollment in Kin-GAP does not affect a child’s entitlement to receive ongoing Regional Center services, including monetary benefits at a “dual-agency” rate based upon his or her specific needs and certain age and developmental criteria.

If I leave the foster care system through Kin-GAP, can I still get DCFS services?

No, Under the Kin-GAP program, no further child welfare services or social worker follow-up will be provided, with the exception of Independent Living Program (ILP) services to eligible youth ages 14–17.

Dependency Court agency adoption with adoption assistance Program (aaP)

Some caregivers want to bring the child in their care into their family permanently by adoption. Adoption is a legal process initiated after parental rights are terminated. The child is adopted by the foster care relative caregiver who then becomes the child’s parent. All rights and responsibilities of the birth parents cease after the termination of parental rights.

The adoption process can take one year to complete. If there is no hope of reunification with the child’s parents, adoption may be in the best interest of the child and the relative caregiver. The Adoption Assistance Program (AAP) was designed to provide an economic incentive to adopt children from the foster care system. Under AAP, an adopted child continues to receive the same financial and medical assistance as when he or she was a foster child.

Will I continue to get services from my DCFS social worker?

No. Under AAP, no further child welfare services or follow-up will be provided, with the exception of an AAP rate review every two years and some post-adoption services offered by DCFS. However, if the child is over 14 years old when adopted, the child remains eligible for ILP services.

aDVICe

A foster care relative caregiver is not required to change custodial status from foster care relative caregiver to adoptive parent with AAP. If you are being forced to adopt in order to keep the child in your care, please contact the Children’s Social Worker (CSW) assigned to your child, the Kinship Care Resource Center and/or a legal service provider listed in the Kinship Care Directory section of this guide.

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ChApTer 5

ADOpTIOn

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should You Consider

Independent adoption?

Children placed with family members through Foster Care are not eligible for Independent Adoption. However, if you are caring for a relative child informally or as a legal

guardian through the Probate Court, you may wish to consider pursuing an Independent Adoption. If you believe that there is no hope of reunification with the child’s parents, adoption may be in the best interest of the child and the relative caregiver. Adoption is a legal process initiated after parental rights are terminated. The child is adopted by the informal relative caregiver or legal guardian who then becomes the child’s parent. All rights and responsibilities of the birth parents permanently cease after the court terminates parental rights. The adoption process can take one year to complete.

what benefits are available to

Independent adoptive Parents?

An informal relative caregiver or legal

guardian who adopts a child whom has never been in the foster care system is generally not eligible for any specific benefits based on the adoption. However, the following benefits are still available to eligible households.

• Cash Assistance: CalWORKs

A relative who adopts a minor child becomes the child’s parent. In order to receive cash assistance from the CalWORKs program, the household, including the relative and child, must qualify. The monthly amount is based on the number of people in the household and their income and assets. Contact the Department of Public Social Services (DPSS).

• Health Care: Medi-Cal or Healthy

Families

A relative who adopts a minor child becomes the child’s parent under the law. In order to receive medical coverage through the Medi-Cal program, the household—including the relative and child—must qualify. A household that

30 5 Adoption

aDOPTIOn

3

CalWORKS – see discussion below

3

Medi-Cal – see discussion below

3

AAP – see discussion below

or a United States Citizen to qualify for benefits. Children being raised through Independent adoption may qualify for*

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31

is receiving CalWORKs is automatically eligible for medical coverage through the Medi-Cal program. Contact the Department of Public Social Services (DPSS) to apply or for more information. Working families with minor children may

be eligible to participate in California’s Healthy Families plan which provides low cost medical coverage. Request an application by calling 800.880.5305, or complete an application on-line at www. healthyfamilies.ca.gov.

• Adoption Assistance Program (AAP)

If a child adopted through an Independent Adoption was previously in foster care or is deemed to have been at risk of dependency, AAP payments may be appropriate. Discuss applying for AAP payments with your adoption agency.

• Tax Credit

In addition to the tax benefits provided by a dependent, federal law provides a tax credit for certain expenses incurred in connection with an adoption. In 2010, the maximum tax credit was $13,170 per child. The credit can be claimed even if you do not owe taxes (in which case the IRS would refund you the amount of your eligible credit). For more information, see your tax preparer or the IRS at 800.829.1040 (www.irs.gov).

In addition, the child in your care may be eligible for additional benefits which are identified in the section entitled Benefits.

should You Consider adoption

through Dependency Court?

Adoption may also be appropriate for Relative Foster Care Caregivers and Legal Guardians in Dependency Court. In contrast to foster care and legal guardianship,

adoption is a legal process initiated after parental rights are terminated. The child is adopted by the caregiver, who then becomes the child’s parent. All rights and responsibilities of the birth parents cease after the termination of parental rights. The adoption process can take one year to complete. If there is no hope of reunification with the child’s parents, adoption may be in the best interest of the child and the relative caregiver.

3

CalWORKS – see discussion below

3

Medi-Cal

3

AAP

or a United States Citizen to qualify for benefits. Children adopted from

Dependency Court may qualify for* Children being raised through

Independent adoption may qualify for*

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will I continue to get services

from my DCFs social worker?

No. Under AAP, no further child welfare services or follow-up will be provided, with the exception of an AAP rate review every two years and some post-adoption services offered by DCFS. However, if the child is over 14 years old when adopted, the child remains eligible for ILP services.

aDVICe

A foster care relative caregiver is not required to change custodial status from foster care relative caregiver to adoptive parent with AAP. If you are being forced to adopt in order to keep the child in your care, please contact the Children’s Social Worker (CSW) assigned to your child, the Kinship Care Resource Center and/or a legal service provider listed in the Kinship Care Services Directory section of this guide.

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ChApTer 6

BenefITs

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Youakim benefits

Youakim benefits are monthly payments given to relatives who are caring for a child in the foster care system. In order to qualify, the child must have been eligible for CalWORKs when DCFS or the Probation Department removed the child from the parents’ home. If you believe you qualify for Youakim benefits, contact the Child’s Social Worker to request a review of your eligibility. The amount of the monthly payment for a child is based on the child’s age and whether the child has emotional, behavioral, medical, or developmental

problems. As the child gets older, the monthly amount increases. If the child has special medical needs, he or she qualifies for additional assistance, or specialized care increments

(SCIs), above the basic foster care rate. The additional assistance is called a “D” or “F” rate. The “D” rate covers children with serious emotional or behavioral problems who are evaluated and approved by the Department of Mental Health. The “F” rate covers children with serious medical conditions, physical disabilities, or developmental delays after a doctor’s evaluation and documentation. “D” and “F” rates vary and are determined by the specific needs of each child recipient.

For example, in 2008, a foster care relative caregiver caring for two children under 4 years of age with no special medical needs received the basic rate of $446 per month for each child, or a total of $892 per month. If those same two

34 6 Benefits

beneFITs

* Eligibility based upon the income and resources of child’s family before child was placed with caregiver. # A caregiver, if otherwise eligible, can receive only one of the following: CalWORKs, Youakim, or Kin-Gap. ^ Eligibility based upon the income and resources of the adoptive family.

Informal

Caregiver Yes * Yes Yes nO nO nO

probate Legal

Guardian Yes * Yes Yes nO nO nO

foster Care relative Caregiver

MAYBe * # Yes Yes MAYBe # nO nO

Legal Guardian ( Dependency

Court)

MAYBe * # Yes Yes MAYBe # MAYBe # nO

Adoptive parent ( Dependency

Court)

Yes ^ Yes ^ Yes ^ nO nO Yes

Independent

Adoption Yes ^ Yes ^ Yes ^ nO nO nO

CalWOrKs supplemental security Income (ssI)

Medi-Cal foster Care (Youakim) Benefits

Kin-Gap Adoption Assistance payments (AAp)

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35 6 Benefits

children had special medical needs that qualify them for the “D” or “F” rates, each child could have received as much as $1444 per month, or a total of $2888 per month.

CalwORKs

As discussed above, some foster care relative caregivers do not qualify for Youakim benefits. They can, however, qualify for CalWORKs if the child is a legal permanent resident or U.S. citizen. However, the monthly cash assistance from CalWORKs is less than the monthly cash assistance from foster care, also called Youakim benefits, and does not provide for graduated supplements for children with special medical or health needs. For example, as of July 2011, a foster care relative caregiver caring for two children of any a

Caring for a Relative s

aring

aring

TabLe OF COnTenTs

abOUT THe aUTHOR

IMPORTanT nOTe

erikson albrecht

HOw TO Use THIs GUIDe

Are you already an approved foster care relative caregiver?

ChApTer 1

We recommend that you read this section in its entirety before continuing with the rest of the guide.

who is a Kinship Caregiver?

what about Parental Rights

How do Parental Rights Get

the Mother’s or Father’s Parental

give the Department of Children and Family Services (DCFS) or the Probation Department legal custody of the child, or

what are the Different Types

ChApTer 2

when the Parent Consents

aDVICe

when the Parent(s) does not

what benefits are available?

ChApTer 3

Can a Parent(s) Consent

Can a Relative Caregiver apply

what are the Rights of a Guardian?

Legal Guardianship?

what benefits are available?

Informal Custody vs. Legal Guardianship

ChApTer 4

Compare: Informal Custody vs. Legal Guardianship

what Does DCFs Do?

How Do Kids Get Placed into the

1. Call from a social worker

FOsTeR CaRe ReLaTIVe CaReGIVeRs

aDVICe

Judicial Council of California

4. Call to Report abuse or neglect

aDVICe

DCFs Child abuse Hotline 800.540.4000 (toll-free)

what Happens if DCFs

aDVICe

How DCFs approves Relatives

aDVICe

what is the Juvenile Court

aDVICe

DCFs Resources

special Categories

native american Children

what benefits are available?

Relative Caregiver in Foster Care may qualify for*

Long-Term Foster Care

Dependency Court Legal Guardianship with Kinship Guardianship assistance Program (Kin-GaP)

aDVICe

If I leave the foster care system through Kin-GAP, can I still get Medi-Cal?

Dependency Court agency adoption with adoption assistance Program (aaP)

aDVICe

Independent adoption?

• Cash Assistance: CalWORKs

aDOPTIOn

• Adoption Assistance Program (AAP)

should You Consider adoption

Dependency Court may qualify for* Children being raised through

will I continue to get services

ChApTer 6

beneFITs

CalwORKs