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Third-Party Custody

Third-Party Custody. Presenters: Emily K. Cooper and Tracy L. Reid Cooper & Reid, LLC. Where are the children?. Informal - children living with grandparents or other relative households Formal - juvenile proceedings and foster care. Statistics. Children not living with their parents - MN.

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Third-Party Custody

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  1. Third-Party Custody • Presenters: Emily K. Cooper and Tracy L. Reid • Cooper & Reid, LLC

  2. Where are the children? • Informal - children living with grandparents or other relative households • Formal - juvenile proceedings and foster care

  3. Statistics • Children not living with their parents - MN

  4. Statistics • Racial make-up of third party caregivers

  5. Statistics • 34% of grandparents live in households without the parents present; • 76% of relatives are under the age of 70; • 10% live in poverty

  6. Issues for third-party caregivers • Own child cannot parent • Fear for grandchild • Child support • Coping • Grief, loss, anger, pain, resentment, stress, insecurity

  7. Issues for third-party caregivers • Who to talk to/where to get help • Tired • Parenting doubts • Different world • Stigma • Social isolation

  8. Attitudes towards third-party • Grandparents - “will I be judged because my child can’t parent” • “the apple doesn’t fall far from the tree”

  9. Third-party custody - MN Law • De facto custodian (257C) • Interested third party (257C) • Delegation of parental rights • Standby custodian (257B) • Custody consent decree (257C.07) • Adoption • Private CHIPS Petition or Foster Care/Juvenile Proceeding • Guardianship

  10. De Facto Custodian • 257C.01, subd 2 • Primary caretaker of child • 24 months immediately preceding petition • Child resided with individual • Without parent present • Lack of demonstrated consistent participation by a parent

  11. De Facto Custodian • Child under 3 years old • 6 months or more • Child 3 years or older • One year or more

  12. De Facto Custodian • Burden of proof - 257C.03, subd 6 • Clear and convincing evidence (of factors in 257C.01, subd 2) • Preponderance of the evidence that is it is in the best interests of child to be in custody of the de facto custodian

  13. Interested Third Party • 257C.01, subd 3 • Person who is not a de facto custodian • Can prove at least one of the factors in Section 257C.03, subd 7, para (a) is met.

  14. Not an interested 3rd party if... • Possession of child is through • Custody consent decree (257C.07) • Court order of voluntary placement (260C-child protection) • Adoption (259)

  15. Interested 3rd-Party • Burden of proof (257C.03, subd 7(a)) • Clear and convincing evidence that • parent has abandoned, neglected, exhibited disregard - child will be harmed by living with parent; or • Physical or emotional danger to the child such that placement with third party takes priority over preserving parent-child relationship; or • Other extraordinary circumstances.

  16. Interested Third-Party • Lewis-Miller v Ross, 710 NW2d 565 • Two step process • 1. Do allegations in petition satisfy criteria of 257C.03, subd 7 (a)? Get an evidentiary hearing. • 2. At evidentiary hearing, party seeking custody must prove best interests by preponderance of the evidence and one of the three child-endangerment factors by clear and convincing evidence.

  17. Procedure • For de facto and interested third-party custody matters • Summons and Petition • Personal Service • Hearing

  18. Delegation of Parental Rights • Minn. Stat. 524.5-211 • Simple form • Up to one year (temporary) • Can be revoked • Does not include consent for adoption or marriage of child

  19. Standby Custodian (257B) • Custodian in event of parent’s incapacity, death, debilitation or consent of parent • Requires notice to (and possibly approval of) other parent, if known • Takes effect upon a “triggering event” • Statute also allows for “temporary custodian” designation for up to 24 months

  20. Custody Consent Decree • Minn. Stat. 257C.07 • Parent can transfer custody to another person • Court can approve if the transfer is in the best interests of child and all parties consent and understand

  21. Adoption • Complete transfer of parental rights and responsibilities.

  22. CHIPS Petitions • Private or commenced by county/state • Usually involves child protection and can involve placement of child in foster care • For 3rd-party caregivers, private CHIPS action or report of concerns about child to social services may be best course of action

  23. CHIPS Petition cont. • Relative caregiver of child can be designated a foster care once social services involved. • Eligible for foster care payments • If relative, eligible for Relative Custody Assistance (RCA funds) • Must accept transfer of permanent legal and physical custody to relative rather than termination of parental rights.

  24. TPLPC advantages • Birth parent does not lose all legal rights • Child support order continues • Birth parent can access information • Birth parent can petition to regain custody • Inheritance through birth family

  25. TPLPC advantages • Relative can obtain TANF (temp. assistance for needy families) grants • Relative custody assistance • Medical assistance for child

  26. Guardianship • Minn. Stat. 524.05-201-211 • Can become guardian through parental appointment, designation as standby guardian through 257B, upon appointment by court or by delegation. • Continues until terminated

  27. Organizations • MN Kinship Caregivers Association • Grandkidsandme • Raising Our Children’s Kids • MN Dept of Human Services

  28. Presenters • Emily K. Cooper - (612) 568-4529 • Tracy L. Reid - (612) 568-5529

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