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INTERVENING FOR
GRANDCHILDREN
GRANDPARENT RIGHTS UNDER
MO. STATUTES
What is
Guardianship?
A
guardianship is a legal relationship created when a person is assigned by the
court to take care of minor children. To become a guardian of a child, either
the party intending to be the guardian or another family member, a close friend
or a local official responsible for a minor's welfare will petition the court
to appoint the guardian. The term "guardian" may also refer to
someone who is appointed to care for and/or handle the affairs of a person who
is incompetent or incapable of administering his/her affairs. Guardians must
not benefit at the expense of those they care for (wards), and in many cases
are required to make accountings to the court on a periodic basis.
Who May be
Appointed Guardian of Minor?
1. RSMo 475.045. Except in cases where they fail or refuse to give required security or are adjudged unfit for the duties of guardianship or conservator, or waive their rights to be appointed, the following persons, if otherwise qualified, shall be appointed as guardians or conservators of minors:
(a) The parent or parents of the minor, except as provided in RSMo Section 475.030;
(b) If any minor over the age of fourteen years has no qualified parent living, a person nominated by the minor, unless the court finds appointment contrary to the best interests of the minor;
(c) Where both parents of a minor are deceased, any person appointed under this section or section 475.046 by the will of the last surviving parent, who has not been adjudged unfit or incompetent for the duties of guardian or conservator.
2. Unfitness of any of the persons mentioned in subsection 1 for the duties of guardianship or the court after due notice and hearing may adjudge conservatorship. A conservatorship is one who is granted control of the protected person's estate which is distinguished from a guardianship, who is granted control of the protected person's body.
3. If no appointment is made under subsection 1 of this section, the court shall appoint as guardian or conservator of a minor the most suitable person who is willing to serve and whose appointment serves the best interests of the child to a stable and permanent placement.
4. RSMo 475.030 Guardianship of the person of a minor may be granted in the following cases:
(a) Where a minor has no parent living;
(b) Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship;
(c) Where the parents or the sole surviving parent has had their parental rights terminated under chapter 211, RSMo.
What is the Best Interest of the
Child Standard?
The court, in making an award of guardianship or custody with respect to the child, applies the standard. In applying this standard the court considers the following factors:
A. The age of the child;
B. The relationship of the child with the other persons who may significantly affect the child’s welfare;
C. The preference of the child, if old enough to express a meaningful preference;
D. The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity;
E. The stability of any proposed living arrangements for the child;
F. The motivation of the parties involved and their capacities to give the child love, affection and guidance;
G. The child’s adjustment to the child’s present home and community;
H. The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access;
I. The capacity of each parent to cooperate or to learn to cooperate in child care;
J. Methods of assisting parental cooperation and resolving disputes and each parent’s willingness to use those methods;
K. The effect on the child if one parent has sole authority over the child’s upbringing;
L. The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects the emotions and the safety of the child
M. The existence of any history of child abuse by a parent;
N. All other factors having a reasonable bearing on the physical and psychological well-being of the child;
O. The existence of a conviction for a sex offense or a sexually violent offense.
What is Custody?
Custody is a court’s determination of which parent, grandparent, relative or other adult should have physical and/or legal control and responsibility for a minor child, under eighteen years of age.
Joint Physical Custody means that the daily routine and the residence of the child are structured between the parties.
Joint Legal Custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child’s upbringing, including education, health care, and religious training.
Sole Custody means an arrangement whereby only one parent has physical and legal custody of a child while the other parent may or may not have visitation.
Third Party Custody means custody of a minor child by someone other than the parents, which can be permanent or temporary. It allows the person taking care of the minor child to make legal and medical decisions on behalf of the minor child.
Missouri Adoption
Subsidy & Subsidized Guardianship Programs
The Goal of Adoption
Subsidy & Subsidized Guardianship
In accordance with the Adoption and Safe Families Act of 1997, the Children's Division believes every child has the right to a stable and permanent family. Adoption is the most desired outcome for children who cannot be reunified with their families. Subsidized Guardianship also offers children the opportunity to live as a part of a stable and permanent environment with a family member who is also a relative of the child. Subsidized Guardianship may be utilized in cases where adoption may not be a possibility for the child. Subsidy services are available to support families adopting or providing guardianship to children.
What is Adoption Subsidy & Subsidized Guardianship?
Subsidy is a collaborative agreement between the Children's Division staff and the adoptive/guardianship family to assist in meeting the needs of the child. Financial, medical and support services may be available to the adopting/guardianship family through subsidy until the child is eighteen.
The option exists with adoption subsidy only to extend services on a yearly contract to a maximum age 21 when a specific medical, mental health or dental need exists.
Child Eligibility
Children must have been in the custody of the Children's Division, Division of Youth Services, Department of Mental Health, or a licensed agency with the ability to place a child. Children who have been adopted internationally are not eligible for adoption subsidy, as well as children adopted by a step parent.
Guardian
Eligibility
Only qualified relatives are eligible to receive subsidized guardianship services for their relative children. By Missouri statute, qualified relatives include grandparents, aunts, uncles, adult siblings and first cousins to the child.
Basic Subsidy
Services
If the family adopting or receiving guardianship of a child requests assistance, the following services are available:
Monthly maintenance:
Cash payments, which cannot exceed the rate which would have been paid if the child had remained in out-of-home care. This payment is to assist the family with day-to-day living expenses for the child, such as food, clothing and shelter.
MO HealthNet
Payment for medical, dental or other care can be obtained from the MO HealthNet program as a supplement to the adoptive/guardianship family’s private medical or dental insurance; and
May assist with medical, medically necessary dental or other care for the adoptive child in cases where no private medical or dental insurance exists.
Day Care services available to children up to age 13 for families where both parents are working
Daycare costs are provided at the rate locally contracted by the Children's Division to licensed/contracted or registered providers.
Other Subsidy Services
Additional services may be available based on the individual needs of the child. Documentation of need for services is necessary by appropriate professionals. Some services that may be available are support services, treatment services, crisis intervention, respite, and rehabilitative services.
Nonrecurring expenses:
Legal fees
Pre-placement visit costs
Please contact your local Children's Division office for more
information about
CIRCUIT COURT PROBATE DIVISION
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816-324-4221 |
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660-744-2707 |
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816-271-1477 |
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816-586-2581 |
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207 North |
816-539-3298 |
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102 North |
660-663-2532 |
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109 W. Main |
816-449-2602 |
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660-726-3618 |
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700 |
660-359-6605 |
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1500 |
660-425-6425 |
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102 West Nodaway |
660-446-3301 |
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108 North High |
660-895-5212 |
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660-646-8000 x211 |
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660-748-4332 |
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305 North |
660-582-4221 |
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1601 West Main Room 101 |
660-947-2117 |
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109 North |
660-265-3303 |
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Worth |
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Worth |
660-564-2210 |
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Grant |
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FAMILY SUPPORT DIVISON
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Family Support Division - |
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816-324-3152 |
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Family
Support Division - |
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660-744-5317 |
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Family
Support Division - |
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816-387-2000 |
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Family
Support Division - |
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400 West |
816-583-2166 |
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Family
Support Division - |
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816-539-2146 |
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Family
Support Division - |
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201 Ash |
660-663-2189 |
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Family
Support Division - |
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816-449-2165 |
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Family
Support Division - |
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660-726-3971 |
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Family
Support Division - |
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660-359-3971 |
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Family
Support Division - |
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2403 Vandivert P.O. Box
309 |
660-425-7995 |
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Family
Support Division - |
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660-442-3314 |
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Family
Support Division - |
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660-258-3388 |
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Family
Support Division - |
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601 West Mohawk |
660-646-5770 |
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Family
Support Division - |
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501 West |
660-748-3292 |
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Family
Support Division - |
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660-582-3141 |
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Family
Support Division - |
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660-947-2567 |
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Family
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660-265-4295 |
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Family
Support Division - Worth County |
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660-564-3711 |
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Grant |
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