[LadyBugz]

If Parent A leaves a child in the care of Person B with the intention of eventually returning, but then calls to say will not be returning, does Person B have a legal obligation to contact the police or a child protection agency?

Does the answer change if the relationship of Parent A and Person B changes (relative, friend, professional, stranger)? Does the answer change if the length of time that was originally planned changes (hours, days, weeks, months, years)?

If Person B does contact a child protection agency, does Person B have any legal standing for guardianship/custodian?

Does the answer to that one change if the relationship of Parent A and Person B changes (relative, friend, professional, stranger)? Does the answer change if the length of time that was originally planned or that has already lapsed with the child in Person B's care changes (hours, days, weeks, months, years)?

A friend and I were discussing a situation she knew to have occurred and its outcome, but we weren't sure what legal obligations existed, if any, and I thought the people here might know.

[luvmykids4]

I don't know alot about this, but I'll share what I know. I would say that when the parent or legal guardian leaves and decides not to come back, person B definitely has a responsibility to notify child welfare. The only way I would say differently would be this: if person B is family or close friend who fully intends to care for the child like their own. Even then, I think they need to notify someone so that things can be handled properly. If person B notifies child welfare, they would definitely be considered first to care for the child if they are willing, and if they meet foster parent requirements.

Our little guy was left with a friend/boyfriend while mom went out on a binge. He brought him to children and youth the next day because he could not care for him. They were looking for family to take him, but no one would. We had him from the first day of abandonment because no one stepped up. Mom is missing and still would probably say she didn't mean to leave him.

Hope this helps.

[mommytoEli]

in my path class there was a couple that was caring for a baby. the baby came into their care when mom left the baby with them for a short time, and then disappeared. they were becoming her legal foster parents, with an attempt to adopt her. my first thought is that legally i would want to become this child's guardian so that the child could be on my healthcare, and i could make decisions about their healthcare and schooling. i don't know that you could do those things with an informal agreement.

[Ashley-n-D]

Tell person b if they aren't a relative not to call child protection ! If the kid lives with them relative or not and the parents haven't signed anything they can go to court and get full guardianship of the kid no cps necessary execpt maybe 1 home visit a year until the court terminates rights or at Least that's what the lawyer I talked to about getting somethin done for d today said about the difference between full and limited guardianships . I mean with childrens services the adoption might be quicker but they also could take the child an place them wherever too. Somethin to chew on ! Good luck !

[LadyBugz]

I don't know any of the people who were involved and the situation is now long handled, but this is what we were discussing. Would a grandmother have to call on her son? It seems like the answer is no, and that she could handle it civilly like Ashley lays out. Would a daycare worker have to call on a client? If she took the child home and intended to raise it, wouldn't we balk at her not involving a child protection agency?

In the situation we were discussing, others were not involved and it was handled civilly by a relative who gained legal custody. What makes it different? Is there a legal difference? Where's the line of when people are expected to get a child protection agency involved? We couldn't figure it out and wondered if there is one.

[Mummy_Big_Bird]

For a daycare worker...I remember from my days working daycare that we were legally obligated to call DCF after 3 hours passed from the time the parent was supposed to pick up/center closed for the day, and the parent hadn't shown up yet.

[MamaS]

It probably depends on the laws in your state. When Spiderman was left with me for a month, I saw a lawyer and filed to get permanent custody. CPS was nevr involved -- we went before the court with witnesses and were awarded PLC. Later we went back to court and completed an adoption with no CPS involvement and NO homestudy.

[catkendig]

Absolutely they should notify CYS. Just heard a story of a family in this situation. The bio-mom left the baby in their care and disappeared for 8 months. They were prepared to be this child's parents for life when bio-mom magically reappeared and took her child back. The family had no leg to stand on since they had no legal rights to the child. Had they called CYS when bio-mom first abandoned the child, they would have become kinship foster parents or been granted guardianship, etc. They'd have had a better chance of keeping the child when bio-mom showed up.

[LadyBugz]

Thanks everyone! The situation I know of was handled privately. We couldn't decide where the line would be drawn on when it could be handled privately and when it couldn't and it seems there is no clear answer. Interesting discussion material!