Can a DSS Grant custody in a CPS case?
This is one of the most misunderstood concepts of a CPS case. DSS has no authority whatsoever to give custody to anyone. Only the court can grant custody. But DSS can, for example, honor an existing joint custody order to place the child with a non-offending parent. If a child is in foster care,…
When does the DSS need to take custody of a child?
Or DSS may petition the family court for authority to intervene and provide protective services without removal of custody if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from harm without intervention.
How is temporary custody of a child determined?
The court will determine temporary custody based on the best interests of the child. Agreements may start as temporary but may become permanent by a court of law. There are several other reasons why a parent would grant another person temporary custody of his or her child.
Who is a good temporary custodian for a child?
Anyone can, in theory, be a temporary custodian. It’s important, however, to choose a custodian who will be able to provide consistent care and support, and with whom the child’s parents have a strong relationship. Parents may consider the following people as appropriate temporary custodians of their children:
This is one of the most misunderstood concepts of a CPS case. DSS has no authority whatsoever to give custody to anyone. Only the court can grant custody. But DSS can, for example, honor an existing joint custody order to place the child with a non-offending parent. If a child is in foster care,…
Who is entitled to temporary custody of a child?
IMMEDIATE TEMPORARY CUSTODY of a child is granted to an adult relative, attorney for a minor child, or an adult with actual physical custody of the minor child by a probate court when returning the child would result in the child’s being removed from the court’s jurisdiction or places the child in risk of serious injury.
Or DSS may petition the family court for authority to intervene and provide protective services without removal of custody if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from harm without intervention.
What happens when DCF appoints a temporary custodian?
If the social worker tells the court that DCF believes that the custodial relative can take good care of the child, the court will probably appoint them as Temporary Custodian.
When does DSS need to remove a child from custody?
Finally DSS may petition the family court to remove the child from custody of the parent if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from unreasonable risk of harm without removal. We will discuss this in more detail in a separate post.
Can a DSS take a child from his parents?
In spite of what you may have heard, DSS has no inherent authority to take a child from his parents. Nor does it go cruising, looking for children to snatch. The agency is already stretched to its limit with children in foster care.
Can a court give a parent custody of a child?
Generally, parents hold a preferred position under the law, which means a court will presume that the parent is the most fit and proper person to raise the child. Occasionally, someone can challenge this presumption by submitting evidence that the parent has neglected, abused, abandoned, or otherwise failed to care for the child.