Temporary / Legal /
Permanent Custody
TEMPORARY
Parents retain certain rights -
-
right to visitation with child
-
right to determine child's religion
-
right to be informed of child's medical condition
-
right to receive notice of any legal proceedings
-
right to be represented by an attorney
-
right to be informed of any placement moves
-
right to participate in and consent to the case plan
-
right, privilege, and obligation to provide financial
support
-
right to consent to the marriage of an underage child
If the court awards temporary custody to a relative, the
custody lasts for one year, unless the court terminates it earlier. The court
may also grant two 6 month extensions at court hearings. At the end of 24
months of temporary custody, a more permanent plan must occur, i.e.,
reunification with parent (s), legal custody to a relative or non-relative,
permanent custody to the agency which frees the child for adoption. CSB will
remain involved as long as the relative or non-relative maintains temporary
custody. Child is the responsibility of the temporary custodian.
LEGAL
Juvenile Court awards legal custody to relatives or non-relatives until the
child reaches the age of majority. Biological or adoptive parents retain
certain rights:
-
right to visitation with child
-
right to determine child's religion
-
right to be informed of child's medical condition
-
right to receive notice of any legal proceedings
-
right, privilege, and obligation to provide financial
support
-
right to consent to the marriage of an underage child
A parent can petition the court and regain custody at a later
date. Legal custodian can obtain a private attorney to petition the court for
adoption. Legal tie-ups could be lengthy and costly (Parent's consent must be
obtained) Legal custody lasts until the child reaches 18 or graduates from
high school, whichever is later. No reviews are scheduled in a typical case.
Child is the responsibility of the legal custodian.
PERMANENT
Juvenile Court awards permanent custody to Montgomery County Children
Services. Parents rights are severed and child is eligible for adoption. NOTE:
the parent (s), through his or her attorney, can appeal the decision. Once all
appeal processes are completed and the trial court decision is affirmed, the
child is free for adoption.
Parents almost never regain custody at a later date. Child is the
responsibility of CSB, who makes placement decisions based on what is in the
child's best interest. Child is placed in the most appropriate adoptive home.
Placement is supervised by the agency for at least 6 months before adoption is
finalized in Probate Court.
Child may be eligible for medical card and subsidy if child has
"special needs". Special needs are medical needs, physical / mental
disability, Caucasian child over age 10, African-American child over age 4,
sibling group of 3 or more. If no special needs, there is no financial
assistance.
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