I have a question concerning the legal system. My neighbor wants me to care for her child over the summer.?

Question

She is in a messy situation with her marriage. Anyway, I would have this child in my care for 3 months straight. Would this be considered a Foster Care situation? Am I allowed to take on this responsibility without the court system involved? She just wants me to take her daughter until she gets herself on her feet.

I don't know if I'm allowed to.

Answer 1

You need her to sign a medical release, saying that she
authorizes you to seek medical treatment for her child in case of emergency, and usually the dates you are authorized to do so. Also, you need to have a working phone number for her at all times. I have heard of cases where
the mother disappeared. Then you would have to turn the child over to child services.

I was in a babysitting co-op with other SAHM's, and we always left a letter with that information. My husband and
I have taken weekend trips, left our kids with friends, and also left them with medical authorization, including doctor's names and numbers, insurance number, etc. No one ever used
it, but it gave us all peace of mind in an emergency.

Answer 2

This depends on the state you're in, and a local child care agency could tell you the answer.

Although my state does not require any documents for an agreed-upon arrangement like this, the other contributor is correct that it would be a good idea. If topics like medical care or legal problems come up, it's best to have a document showing that the mother expected you to feed, clothe, house, and maintain the health of the child, and to use reasonable discipline means to do so.

Nonetheless, plenty of people make these arrangements and carry on without problems. Often, the biggest problem comes when the mom wants the child back, and the "foster" parents have come to the conclusion that mom will never be a good parent, and they love the child so much they don't want to send it back to a bad situation.

Answer 3

You would care for this child, night and day for 3 months straight??? Where would the child's mother be? Doing what? I wouldn't, it's not your child, and it's not your responsibility. It would "technically" be considered a foster care situation, but it's absolutely NOT in that child's best interests. I can understand needing day care during the summer--but cannot understand why any parent would have their child stay with a neighbor for 3 months straight. That would be horribly hard on the child. I think legally, in some states, could even be considered abandonment...what happens if in 3 months, the mother isn't ready for that child again...what do you do then.

I would tell the mother no way. This whole thing smells horribly fishy to me. Something's up. Don't get involved, it's seriously not your problem.

Answer 4

Are you "allowed" to, yes, assuming that the mother has full physical custody of the child. If she doesn't have full physical custody (and I would ask for a copy of the divorce decree in case it became an issue while the child is in your care), then you can not take the child. Lastly, you can go through the court system to get temporary guardianship which would allow you to actually have the ability to process her in at the hospital if there were an emergency and whatnot. That is important, obviously. Hospitals have a standard of care and have to treat the child but for her insurance to be processed and possibly for her to be checked out of the hospital and sent home with you, rather than foster care, you should have guardianship. If you don't want to get temporary guardianship you need to get a Medical Power of Attorney for the child.

Answer 5

As long as the neighbor has parental custody of her child, then she can establish you as a legal guardian of the child. She should consider granting you power of attorney to do whatever is in the best interest of the child (ie, hospitalizations, etc, in the event of an emergency) and there ought to be some agreement between the two of you on who will be responsible for any expenses incurred.

You do not need to get the courts involved. But I'd make sure that she has custody rights. If the father has custody rights as well (and he does, unless the courts have already ruled that he doesn't), you'd need his permission as well. Ask to see a legal document granting your neighbor full custody of the child.

Answer 6

Are you friends? If so, then take her child for the three months. It is not considered a foster care situation unless you take her to court for custody. And why would you do that it is for only 3 months. Are you looking for money? Does this seem like a financial strain for you?

You need to think about if having her child is cost effective for you. Now if she abandons the child then you call Child Protective Services. I am quite sure she would not simply go to a stranger and ask them to take her child.

However if she feels she is unable to handle her children. You may simply tell her to call Child protective service herself and they can assist her. But often it is better if children are with family or someone they know than foster care.

Answer 7

This depends on where you live. However, if you want it to be considered foster care, you have to be approved by the appropriate organization where you live. This could take too long for you to be able to take her in time for the summer.

In high school, my brother's best friend was kicked out of his parents' house for dating someone outside their religion. He came to live with us for a year and at no time was this considered a "foster family" for him. (At least not legally.) At the end of the year he went to family services and told them what happened, and was placed into an actual foster family that was pre-approved.

You'll have to make the decision regarding what you want to do, but it sounds like you're just helping her out while the mom gets back on her feet. Depending on the situation, this may or may not warrant involving family services.

Answer 8

I would not recommend taking her child unless she gives you a power of attorney so you can make decisions in case something happens to her daughter (medically or other wise). I would also not recommend taking her daughter full time maybe while she is working or if something imminent comes up. I would also recommend monetary settlement for the care you will be giving her child and this is the important part IN A BINDING LEGAL DOCUMENT.

Answer 9

You are allowed to. She can put anyone she can appoint anyone she wants to take care of her daughter. The only thing you need to do is have her give you power of attorney in case of emergencies so you can make medical decisions. the doctors aren't allowed to give her something as simple as Tylenol without parental consent so you should have a power of attorney just in case. It's just basically a letter written or typed by her and then signed by her and the father in front of a notary so it can be notarized. It's easy to do (you can do it at most banks) and it will give you piece of mind.

Answer 10

custody will have to be signed over.....due to legalities. What if something happens to the child in your care.....you need to be able to sign consent for treatment. plus if you travel out of state for vacation and do not have temp custody.....you can be charged with kid napping and taking the child over state lines. Who is to say that this getting on her feet will only take 3 months. is the mother going to continue to live near you or what? What does the father think.....he too will have to sigh over temp custody as well. You need to speak to an attorney or call child welfare, they will tell you what needs to be done.