Child Service Questions

In my novel, two siblings lose their parents to drunk driving. The eldest is eighteen, the younger a minor. Since the eldest is technically an adult would the child be allowed to stay in the home until formal arrangements could be made? (They have no other relatives.)

Does the eldest automatically become caretaker if he wants to?

Does it help smooth the way if his parents' left the youngest in his care in their will?

Would it be a temporary custody thing or would permanent custody be granted right away?

What would he have to prove as far as taking care of the youngest? (Would he need a job, keep the house in good condition?)

Would the social worker explain the situation to the child?

Would they be allowed to move from one state to another during this time if they set up appointments with CS in the state they move to?




The time period would be ten years ago, and is set in the states of South Carolina and Tennessee. (I know each state can be a little different when it comes to laws.)

Any information given would be greatly appreciated!

WeaselFire said:

If you need the minor to stay in the care of the adult child, simply put it in the parent's will that the adult child become the guardian of the minor child until the minor reaches the age of majority. No child services involved.

Jeff

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It is in the will, but I wasn't sure if that was enough.

jclarkdawe said:

I think I'm in a bit of a cranky mood this morning, but the "no other relatives" annoys me. Statistically this is extremely unlikely. This starts with both parents not having any siblings. Then we have to have no siblings for the grandparents.
We're now up to six people with no siblings. Very unusual. But easily searchable is also great-grandparents, and you're saying all eight of them had no siblings.

I'm being a bit simplistic here, but it is very unlikely that all these people will have no siblings. Now you might not be able to find the siblings, or the siblings died, or are completely uninterested in dealing with this, but saying "no other relatives" always annoys me because I've never found it to be accurate. Most likely reason for no relatives is no one is willing to look.

Child protective services do not sit there, waiting to pounce, a Magic 8 Ball to tell them where to go. If no one complains to them, then they don't act. It really is that simple. Biggest likelihood of problems are a change in school systems or illness requiring hospitalization. Next likelihood of problems is friends and neighbors of the parents. Unless one of the elements of the story is their fight with child protective services, have it be in their will and slide over it.

Best of luck,

Jim Clark-Dawe

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LOL, cranky, indeed! When I said no other relatives, I did not mean my characters' parents were hatched into existence from alien life forms who dropped them off on the planet (though doesn't that sound like an interesting concept for a novel? ) In actuality, they are both only children, and one was raised in foster care.

Thanks for raising the red flag on that, though, because it did help force me to better illustrate the point in my novel. (When I first posted this I was knee-deep in revising and just put the basics out there before getting back to it.)

autumnleaf said:

Would they really look as far as 2nd or 3rd cousins when deciding to place a child? Most of my 2nd cousins are strangers to me, and I've never knowingly met any of my 3rd cousins.

Also, the parents might be immigrants and their relatives are in another country.

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This was more what I meant. The characters have never met any of their extended family, so they don't even know they exist.

jclarkdawe said:

Problem is that the poster says "no other relatives," which isn't likely. The children have relatives, but for a variety of reasons the relatives might not be available. Too often writers take shortcuts and this is one of them. I know what the OP wants to accomplish, but it's not the right way to deal with the issue.

Child protective services should investigate for possible relatives to the grandparent stage. Once they identify relatives, then the issue is whether the relative is in the best interest of the child. Lack of knowledge, family feuds, and so on and so forth are all factors in making this decision. Sometimes when you shake the family tree, something good comes out of it. More often when you shake the family tree, what you get is worse than what you have.

Best of luck,

Jim Clark-Dawe

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LOL, hoisted on my petard (of phrasing, at least). You raised a good point and added an interesting dynamic to my novel, thank you for that. And I love your last two lines!



Since posting, I was lucky enough to speak to both a state employee in child services and local police departments, concerning exactly what would happen. I would like to share what I found out, and if anyone has any more in depth questions feel free to post them here or PM me and I'll try my best to help!

Because there was a car accident and the police went to the home, child's services would automatically be notified. Once that happens, there will be a ruling that comes from a judge. Even if there is a will, it can be overturned by him. It all comes down to his ruling and what the judge decides is best for the child in question.