Custody Commonly Referred to as Article 6 or V Docket
Legal Custody or Guardianship Kinship Options at a Glance:
- Requested by a relative though the court
- Court approves Kin caregiver has long term custody but sometimes is referred to as guardianship by the court – custody and guardianship are NOT the same thing
- No ongoing court or child welfare intervention
- May be eligible as a household for Temporary Assistance
- Can apply for the child-only or non-parent caregiver grant
- Not eligible for an adoption subsidy or KinGap services
- Parents have the right to visit but cannot regain custody without a court order
- No foster care training required
Currently, the overwhelming majority of kinship caregivers are granted custody of the child by the court. Very few children are provided with the additional protection of having a legal guardianship relationship with their kinship caregivers. Awarding kinship caregivers guardianship (rather than custody) would result in the following additional benefits for the child:
- Guardianship parents are allowed to consent to medical treatment. Custodians do not have this legal authority (though sometimes are given the authority on a case-by-case basis).
- Private health insurance must cover children in guardianship relationships. Some health insurance companies may allow custody families insurance, but they are not obligated to do so.
- In certain circumstances, legal guardians can control a child’s financial interests; custodians cannot.
- Guardianship parents (not custodians) can access needed support services through a network of Regional Permanency Resource Centers.
Additional Legal Custody or Guardianship Details
In this option, the relative must file a petition in court asking for custody or guardianship of the child (Article 6 of the Family Court Act). If the relative can prove that extraordinary circumstances exist to place the child outside of the parent’s custody, or if the parent consents, the relative will be awarded custody or guardianship of the child. In a case where a child has been placed outside of the home because of abuse or neglect, extraordinary circumstances usually means that the parent cannot safely care for the child.
This option is different from a direct placement discussed in Option A because there is no routine, ongoing court involvement after the court issues an order of custody or guardianship because this is viewed as a long-term plan for the child. There is also no ongoing involvement or oversight by the child welfare agency.
The relative caregiver may apply for a non-parent caregiver grant (also known as a “child only” grant) from the agency’s Temporary Assistance (TA) office. This benefit is generally available to all nonparent caregivers and includes Medicaid for the child. To receive the full grant, the non-parent caregiver must agree to cooperate with efforts to collect child support from the child’s parent(s) unless seeking child support may result in harm to the relative or the child.
Public benefits, such as food stamps and heating assistance (HEAP), may be available for the non-parent caregiver’s household through the agency’s TA office or HRA. Other helpful benefits may include Women, Infants, and Children (WIC) nutrition assistance (for children under the age of five) and reduced or free lunch at school. If they work, relatives may apply for help with child care costs. Some children may qualify for Social Security benefits, based on the child’s disability and the earnings of the child’s parents. Relatives also may be eligible for childrelated tax credits.
In this option, the child is not in foster care, and the relative is not eligible for relative (kinship) foster care payments, which is generally more than the nonparent caregiver grants available with this option. If the child later becomes free for adoption, the relative will not be eligible for adoption subsidy payments. In addition, because kinship foster care is a pre-requisite for KinGAP, the relative would not qualify for KinGAP assistance if they selected this option.
The child’s parent still has parental rights and may seek visitation with the child or may later file a petition to regain custody of the child.
The relative caregiver may be eligible for preventive services from the agency