Informal Arrangement

Informal arrangements are made all the time between parents and kin — without the involvement of the court or child welfare system. It usually starts when the parents ask someone they know to care for their child and the person says yes.

Examples:

• Grandparents take care of their grandsons while the parents deal with a serious illness.

• An aunt takes care of her niece while the parents go out of state for work.

An informal arrangement:

• Does not have the force of a court order.

• Does not legally transfer any parental rights or responsibilities to the caregivers. 
  This means you will not have the legal right to make most decisions for the child. The parents retain the legal right to make decisions for their child, even if they are not present. As a result, it might be difficult to do things such as enroll the child in school and consent to medical care.

• Does not grant “legal custody” to the caregivers.  The parents retain legal custody and either of them can step in and take the child home at any time.

Informal arrangements are appropriate for short-term situations, but not for longer periods.

If you agree to care for a child through an informal arrangement, you may want to do ONE of the following:

• Ask the parents to write and sign a letter stating that you are the child’s caregiver. Try to include information such as:

• Your name, address, and phone number

• The child’s name and date of birth

• The parents’ names, address, and phone number

• Any specific authority they are granting you (e.g., the right to enroll the child in school, consent to medical care and apply for benefits)

• How long it is expected to last (if known)

While this letter does not guarantee a school or health care provider will accept your authority, it may help.

Ask the parents to give you power of attorney over their minor child. By signing this legal document and having it notarized, they will be granting you the authority to make decisions for their child without giving up their parental rights. You do not have to go to court to create a power of attorney, and the parents may revoke it at any time.

If kinship care goes on longer than expected, you may want to pursue the next option: minor guardianship in probate court. You may be eligible for public assistance to help you meet the child’s basic needs.