Placement
Where will my child live?

If CPS is involved, you have a right to a lawyer. Otherwise, you may have to get help from the county Family Law Facilitator or other legal aid office. If you need help, see this manual's Resources section to get started.

No Court Involvement

If CPS does not become involved, then you will be able to arrange care for your child with a relative or friend without the court's involvement.

Caregiver's Authorization Affidavit

The Caregiver's Authorization Affidavit (see the Samples section) is a two-page form signed by a qualified relative to ensure your child's medical and educational needs are met. It allows your relatives to enroll your child in school and consent to school-related medical care on behalf of your child. It is good for one year and can be renewed. Family Code §§ 6550 and 6552.

Limitations:

• This authorization is for temporary situations.
• The caregiver is not automatically eligible for welfare or or other public benefits.
• It can be revoked at any time.

Power of Attorney

This form lets the caregiver make decisions about your child for you until you are released. A Power of Attorney (see the Samples section) authorizes both relatives and friends to act as a caregiver to your child. An immediate relative may receive CalWORKS; distant relatives and friends cannot.

Limitations:

• The form must be notarized.
• Even notarized forms are not legally binding custody agreements.
• The form is not a court order.

Court Involvement

Legal Guardianship

Legal guardianship transfers legal rights of your child to another person indefinitely. It is a legal custody court order. Legal guardianship orders may be voluntary (through Probate Court) or through CPS. A legal guardian may be a relative, partner, friend or foster parent. Once the court appoints a legal guardian, she has full legal responsibility for your child including making education, health and medical decisions. A legal guardian can apply for Kin-Gap, CalWORKS or other benefits for your child.

Limitation: Voluntary (Probate Court)

Legal guardianships must be done and undone through the courts without a right to a lawyer. A legal guardianship suspends a parent's rights, but does not terminate them. Circumstances may change a lot while you are unable to care for your child.

Once you are released from jail or prison, you will have to prove your fitness as a parent AND that it is in your child's best interest to terminate the guardianship and return the child to you. If the guardianship was done through CPS, then you may have a lawyer appointed to prove that you have housing, a job and are "rehabilitated." (See the Family Reunification section of this manual.)

Foster Care

In some situations, it may be better to use the courts to get financial help and services through CPS. Relatives who care for a child who is a dependent of the court can get financial help and services through CPS. Parents have a right to counsel in Dependency Court. The Foster Care and Dependency section describes your rights in detail.

If you or your child are of Native American heritage, you must tell the social worker immediately. The procedures for handling Indian child custody cases are under the jurisdiction of the Indian Child Welfare Act (ICWA). ICWA covers any temporary placement and includes placement in a foster home or in the home of a guardian. It also applies to court proceedings that result in adoption or termination of parental rights. ICWA does not apply to disputes between parents in a divorce action. 25 U.S.C. §1901 et seq.