When Child Welfare IS NOT Involved
If you are caring for your grandchild or other relative, you have several options for giving you the authority you need to care for them. If you have nothing in writing, you have an informal agreement, which provides you with no authority. At a minimum, you need to get the child’s parents to sign a Power of Attorney. If you believe the child will live with you only temporarily, then a Power of Attorney may be all you need. Consider getting legal custody or adopting the child if it becomes more long-term.
Options:
Informal Agreement
A private and informal temporary caretaking arrangement between you and the child’s parents. The child’s parents are the only ones with authority to make medical, educational, or other caretaking decisions for the child.
Power of Attorney
A written agreement signed by the parents passing physical custody of the child to you along with certain parental rights, such as the right to decide about the child’s medical care, schooling, and other day-to-day care decisions. It can be revoked at any time by the parents.
Civil Court Custody Order
A custody order obtained in a civil district court gives you legal custody and the right to physically care for and make decisions about the child’s welfare. It does not terminate the child’s parent’s rights, but the parents must return to court to regain custody.
Guardianship
You cannot become a guardian in NC if the child is not in foster care unless both parents have died.
Adoption
Adoption is a legal process that permanently transfers all rights and responsibilities from the biological parents to you. Once a child is adopted, they have all the rights of any other child in your family, and you have the rights of any other parent.
It is unlikely that if you have a child living with you that was not placed there by child welfare, you can become a licensed foster parent for the child. You may be able to receive services from the Department of Social Services (DSS) to help stabilize your family to prevent the child from entering foster care, but these services will not include financial foster care payments or support services. Some counties may also have limited funds to help with things like clothing or childcare.
