Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian
My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is me and my wife are wanting to adopt them and my mother is wanting us too take them as she is a single woman taking care of her own children and elderly mother.
We understand we need to hire an attorney and petition with the court which we plan to do. We want to know if in the meantime can we have them live with us and my mom give written consent or sign over an authorization form?
A:
Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.
That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent to enlistment in the armed forces, etc. Those rights will remain with the managing conservator. Some, but not all, such rights can be delegated to you by a power of attorney. For example, the right to consent to medical care of a minor is often delegated to another by a power of attorney.
Importantly, if the public school where you live does not have an open enrollment policy, that public school may not allow you or the managing conservator to enroll the children in school with or without a power of attorney. Otherwise, parents could "game" the system by enrolling their child in a really good public school where a friend or relative live to avoid a (presumably worse) school serving the area where the parents live.
Be aware of the difference between an "open campus" versus an "open enrollment" policy. An open campus policy allows a student to enroll in a particular school as long as the student's parent, guardian, or managing conservator resides somewhere within the school district. An open enrollment policy allows a student to enroll in a particular school even though the student's parent, guardian, or managing conservator resides in another school district.
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