Guardianship of Minor

questions & answers

Question: What do I need to do to get Legal Guardianship of my Niece and Nephew that DCS has in forter care? What is the law on giving kids to relatives vs foster homes?

Answer: There is not really a law on this, more like guidelines. If the court did not order that the children could not go with family members, then the DCS should give preference to family members as long as the family members meet criteria to provide a stable home for the children within the guidelines. For example, if the court forbids contact with a parent, the foster/family home cannot permit that contact. You would want to talk to the case worker and if you don't know the case worker, you can call DCS and explain what you'd like to do. It may take more than one call as the DCS is very busy. In the extreme case, if DCS does not respond, there is an option to file for guardianship with the family court. DCS would then have to respond.