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Jay Sekulow

American attorney who serves as Chief Counsel at the American Center for Law & Justice (ACLJ)

A New Law for Letting Children Live with Relatives

April 22, 2022 By Mikel Leave a Comment

Sometimes, it may become impossible for parents to take care of their children. In such a scenario, it may help if the parents allow another person to take care of the children. Child adoption is a difficult decision to make, but it might be the best decision for a child’s future.

Traditionally, the relatives that chose to take care of children were forced to adopt them. But new legislation has been put in place to redesign how child care cases are dealt with in Washington. Now relatives can live with children without necessarily adopting them.

There is more to learn about the law and children staying with relatives. Here is helpful insight;

Reasons why People find Difficulties being Parents

The law allows parents to temporarily give out their children to be taken care of by relatives. Many situations can arise and make parents unable to care for their children. Here are hardship situations that the law situations recommended by law;

Mental Illness

A parent’s mental sickness may not be a direct reason to deny custody or limit access to the child. The problem is not whether the parents have a medical issue but how it impacts child care. The child’s best interest is put in front when considering giving custody and access. Mental illness is relevant if it affects the parent’s capacity. Also, mental illness is applicable if it risks the child’s welfare.

Incarceration of Parents

Imprisonment can affect child support, visitation, and custody of parents who get locked behind bars. In this situation, relatives can become the custodians of the children. With the new law, relatives will not be required to adopt the children. Instead, they will take care of the children until the parents finish their jail term.

Serious Infections

Serious diseases such as cancer can prevent a parent from giving their children the best care. Sometimes the parent may be hospitalized and thus unavailable for the children. Therefore, the children may be left at the mercy of the relatives who must not adopt them.

Drug and Alcohol Abuse

If a mother proves dependence on prohibited substances such as alcohol, she may be forced to hand over custody to the relatives. Children of drug addicts are at a high risk of suffering neglect and abuse. Also, these children are likely to imitate their parents’ behavior by picking some bad habits.

Family Member Adoptions

Once parents prove incapacity to take care of children, the government looks for family members to serve as adoptive parents. Here are the common examples of domestic adoption;

Stepparents

The main challenge in stepparent adoption is consent. Often the biological parent not married to the stepparent refuses to accept child adoption. But the new law does not force relatives to adopt children. Instead, the children are taken by a child welfare organization for adoption by non-relatives.

Grandparents

The grandparent adoption gives the grandparents some rights, but the parents do not lose their parental rights. The grandparents are given custody rights. Therefore they can register the child for school and decide on behalf of the child. Even though the grandparents may want permanent kinship guardianship, the new law may make them lose the child for adoption by strangers.

Call to Action

How the child dependency cases are dealt with in Washington will change in under the new law. More children will start living with relatives without the relatives being required to adopt them. The current law forces parents to adopt children when none of the parents can care for the children. Under the new law, the Department of Children, Youth, and Families can remove children from their relatives and put them up for adoption. The Children’s Home Society prioritizes the end of parental rights instead of using other choices.

Filed Under: Law Tagged With: Children's Home Society, Law

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About Jay Sekulow

Jay Sekulow is the Chief Counsel of the American Center for Law and Justice (ACLJ). He is a renown lawyer with a passion for protecting religious liberty, freedom, and democracy.

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