When Child Welfare IS Involved
When the Department of Social Services (DSS) receives a report of suspected neglect or abuse, they are required to investigate. If they determine that the child is not safe in the home, they can either take the child into DSS custody at that time or they can create a Temporary Parental Safety Agreement with the parents.
Temporary Parental Safety Agreement
A Temporary Parental Safety Agreement (TPSA) is a voluntary agreement between the child’s parents and DSS. The parents ask someone, usually a relative, to care for the child temporarily while DSS determines if there are safety issues and tries to help the parents take care of them so the child can return home.
Court Awards Custody to DSS
In North Carolina, each county has a Department of Social Services (“social services” or “DSS”) that receive reports of child abuse, neglect, or dependency (meaning that the parent is unfit or unable to care for their child). Abuse, neglect, and dependency are caused by various factors ranging from a parent’s illness, substance abuse, domestic violence, poor parenting, no housing, inadequate food, safety issues, or mental health concerns. If DSS finds that a child cannot be cared for safely by their parents, they file a dependency action in Juvenile Court to take legal custody of the child. This is also referred to as taking the child into foster care. When DSS is awarded custody, they try to find a relative to care for the child. This relative can choose to become a licensed foster parent or not. If they cannot find a relative, the child will usually be placed in a non-relative foster home.
Child Is Placed with Kin
NC law requires DSS to look for a kinship placement. Kin can be related to the child by birth or can be “fictive kin,” meaning they have a family-like relationship with the child. What options do kinship caregivers have once they agree to care for the child? See the options below.
Child Is Not Placed with Kin
What can relatives do if the child is placed in a non-relative foster home?
What Options Are Available When You Are Caring For The Child?
Become a Licensed Foster Parent
There are significant financial and other benefits to becoming a foster parent for this child.
Caregiving Without Becoming a Foster Parent
Kin can have the child live with them without becoming a licensed foster parent.
What If the Child Will Not Be Able to Go Home?
DSS custody of the child is temporary. First, they will work with the parents to address the safety issues that caused them to remove the child. Once those issues are addressed, the parents regain legal custody, and the child will go home. If the safety issues are not corrected, DSS must look for other options so the child will not remain in foster care. These are called “permanency options” and include custody, guardianship, and adoption. DSS will work with the kinship caregiver to decide which option is best for the child and family.
Reunification
Returning the child to their parents is usually the goal when they enter foster care and are placed in a kinship caregiver’s home. The child can return home when the parents address the safety concerns that caused the child to be removed. Relatives caring for the child are expected to support and promote reunification and, if possible, share the parenting duties with the child’s parents.
Custody
One option if the child cannot be reunified with their parents is for their relative to get legal custody. The parent’s rights are not terminated, and the child’s last name is not changed, but the caregiver can make all the child’s educational, medical, and legal decisions. However, this option doesn’t provide as much security for the caregiver and the child. In addition, it does not provide the financial support and services that may be available with the other permanency options.
Guardianship
One option if the child cannot be reunified with their parents is for their relative to become their guardian. The parent’s rights are not terminated, and the child’s last name is not changed, but the caregiver can make all the child’s educational, medical, and legal decisions. This option provides greater security for the child and caregiver than custody, and financial support and services may be available.
Adoption
Adoption is the permanency option that provides the most security for the caregiver and the child. The child’s parent’s rights are terminated. The caregiver becomes the child’s legal parent and has all the rights and responsibilities as if the child had been born to them. Usually, the child’s last name will change, and the caregiver will receive financial support and services.
