Third-Party Custody Presenters: Emily K. Cooper and Tracy L. Reid Cooper & Reid, LLC

Where are the children? Informal - children living with grandparents or other relative households Formal - juvenile proceedings and foster care

Statistics Children not living with their parents - MN

Statistics Racial make- up of third party caregivers

Statistics 34% of grandparents live in households without the parents present; 76% of relatives are under the age of 70; 10% live in poverty

Issues for third-party caregivers Own child cannot parent Fear for grandchild Child support Coping Grief, loss, anger, pain, resentment, stress, insecurity

Issues for third-party caregivers Who to talk to/where to get help Tired Parenting doubts Different world Stigma Social isolation

Attitudes towards third-party Grandparents - “will I be judged because my child can’t parent” “the apple doesn’t fall far from the tree”

Third-party custody - MN Law De facto custodian (257C) Interested third party (257C) Delegation of parental rights Standby custodian (257B) Custody consent decree (257C.07) Adoption Private CHIPS Petition or Foster Care/Juvenile Proceeding Guardianship

De Facto Custodian 257C.01, subd 2 Primary caretaker of child 24 months immediately preceding petition Child resided with individual Without parent present Lack of demonstrated consistent participation by a parent

De Facto Custodian Child under 3 years old 6 months or more Child 3 years or older One year or more

De Facto Custodian Burden of proof - 257C.03, subd 6 Clear and convincing evidence (of factors in 257C.01, subd 2) Preponderance of the evidence that is it is in the best interests of child to be in custody of the de facto custodian

Interested Third Party 257C.01, subd 3 Person who is not a de facto custodian Can prove at least one of the factors in Section 257C.03, subd 7, para (a) is met.

Not an interested 3rd party if... Possession of child is through Custody consent decree (257C.07) Court order of voluntary placement (260C-child protection) Adoption (259)

Interested 3rd-Party Burden of proof (257C.03, subd 7(a)) Clear and convincing evidence that parent has abandoned, neglected, exhibited disregard - child will be harmed by living with parent; or Physical or emotional danger to the child such that placement with third party takes priority over preserving parent-child relationship; or Other extraordinary circumstances.

Interested Third-Party Lewis-Miller v Ross, 710 NW2d 565 Two step process 1. Do allegations in petition satisfy criteria of 257C.03, subd 7 (a)? Get an evidentiary hearing. 2. At evidentiary hearing, party seeking custody must prove best interests by preponderance of the evidence and one of the three child-endangerment factors by clear and convincing evidence.

Procedure For de facto and interested third-party custody matters Summons and Petition Personal Service Hearing

Delegation of Parental Rights Minn. Stat Simple form Up to one year (temporary) Can be revoked Does not include consent for adoption or marriage of child

Standby Custodian (257B) Custodian in event of parent’s incapacity, death, debilitation or consent of parent Requires notice to (and possibly approval of) other parent, if known Takes effect upon a “triggering event” Statute also allows for “temporary custodian” designation for up to 24 months

Custody Consent Decree Minn. Stat. 257C.07 Parent can transfer custody to another person Court can approve if the transfer is in the best interests of child and all parties consent and understand

Adoption Complete transfer of parental rights and responsibilities.

CHIPS Petitions Private or commenced by county/state Usually involves child protection and can involve placement of child in foster care For 3rd-party caregivers, private CHIPS action or report of concerns about child to social services may be best course of action

CHIPS Petition cont. Relative caregiver of child can be designated a foster care once social services involved. Eligible for foster care payments If relative, eligible for Relative Custody Assistance (RCA funds) Must accept transfer of permanent legal and physical custody to relative rather than termination of parental rights.

TPLPC advantages Birth parent does not lose all legal rights Child support order continues Birth parent can access information Birth parent can petition to regain custody Inheritance through birth family

TPLPC advantages Relative can obtain TANF (temp. assistance for needy families) grants Relative custody assistance Medical assistance for child

Guardianship Minn. Stat Can become guardian through parental appointment, designation as standby guardian through 257B, upon appointment by court or by delegation. Continues until terminated

Organizations MN Kinship Caregivers Association Grandkidsandme Raising Our Children’s Kids MN Dept of Human Services

Presenters Emily K. Cooper - (612) Tracy L. Reid - (612)