5411 Permanent Custodianship Under the Children in Need of Care

 

Permanent Custodianship provides the custodian and the child with the assurance the placement will not be disrupted, enables the custodian to exercise all the rights and responsibilities of a parent. All custodians are expected to provide for the child's education, support, medical care and maintenance. Changes in both state and federal statues recognize guardianship as a means of achieving permanency for a child when re-integration with the birth family or adoption is not possible.

 

The Kansas Code for the Care of Children (K.S.A. 38, Article 22) authorizes the juvenile court to appoint a permanent custodian. This is a judicially created relationship between the child and the caretaker, and is self-sustaining without on-going oversight or intervention. The permanent guardian stands in loco parentis and exercises all the rights and responsibilities of a parent.

 

If after finding the parent unfit, the court subsequently determines a compelling reason exists why it is not in the best interest of the child to terminate parental rights, the court may award permanent custodianship to an individual. For certain children with parental rights terminated the Case Management Provider may request that custodianship be awarded to a specific individual when adoption does not appear to be an option for the child.

 

1. Advantages of Permanent Custodianship:
   1. When adoption is not the plan, custodianship provides the caretaker and the child greater assurance that the placement will not be disrupted.
   2. The custodian stands in loco parentis and exercises all the rights and responsibilities of a parent without state oversight or intervention.
   3. It is not necessary for parental rights to be terminated in order to achieve permanent custodianship.
   4. If parental rights are not terminated, parents may remain financially responsible for the support of the child.      

The child may be eligible for some post-secondary education and training benefits funded through the Education and Training Voucher Program and the Permanent Custodianship Subsidy.

 

2. Disadvantages of Permanent Custodianship:
   1. Foster care payments and other services are lost.
   2. It denies the child the rights of an adopted child.
   3. If placement dissolves, a child in need of care hearing is required.
   4. If the family moves to another state, the KS medical card will end.  The family would need to apply on their own in the new state and meet that new state’s eligibility to receive the medical card.
   5. Permanent Custodianship subsidy is generally less than Adoption subsidy.

Refer to Appendix 6F for more extensive information on Adoption vs. Permanent Custodianship.