How do I dissolve permanent legal guardianship?

[SandiR]

I took SPLC (susbsidized permanent legal custody) of a foster child 4 years ago. She is now 17 and has run away with the 29 y/o man she met over the internet this summer. She does not want to live in our home any more and refuses to stay - running away 3 yimes in the past month. The police have said if the find her again they will continue to return her to us because we are legally responsible. She will turn 18 in April 2011, but the originating county is telling me that I am responsible for her until she does, and if she does any harm or damage while she is out there, or even if she is hurt, we will be held responsible and liable for all damages and we could lose our house and cars, etc. I have told them that I no longer want to be her guardian and now they are washing their hands of the situation and will not return my calls. There has to be a way to dissolve our guardianship. Is there a form I can fax to the courthouse stating our position and intent? Or what do we have to do?

 

[daniellenicole]

Maybe call DCFS and tell them all of this.

 

[SandiR]

Yes I already have - they are the ones who are washing their hands of the situation and not calling me back. The 'county' is CYS (Children and Youth Services) here which is the same as DCFS where you are.

 

[army judge]

I took SPLC (susbsidized permanent legal custody) of a foster child 4 years ago. She is now 17 and has run away with the 29 y/o man she met over the internet this summer. She does not want to live in our home any more and refuses to stay - running away 3 yimes in the past month. The police have said if the find her again they will continue to return her to us because we are legally responsible. She will turn 18 in April 2011, but the originating county is telling me that I am responsible for her until she does, and if she does any harm or damage while she is out there, or even if she is hurt, we will be held responsible and liable for all damages and we could lose our house and cars, etc. I have told them that I no longer want to be her guardian and now they are washing their hands of the situation and will not return my calls. There has to be a way to dissolve our guardianship. Is there a form I can fax to the courthouse stating our position and intent? Or what do we have to do?

If this were a child born of your womb, could you just fax her away?
No.
You can't eradicate your legal responsibility that easily in this case.

You have to go to court and have her declared an incorrigible child.
We call this a CHINS proceeding in Texas.
CHINS = Child In Need of Services
Normally, the juvenile court addresses these petitions.

In your case, since you've been compensated by the state for the care and custody of this child, you might want to consult an attorney.

That might be the easiest way to address this anyway.

You also should assist the police in apprehending and prosecuting the 29 year old pervert that is molesting and sexually abusing your child!!!!!!!

If you don't do this correctly and legally, you'll be standing before a judge, answering to a neglect or some other parental malfeasance charge.

 

[SandiR]

Quite honestly, army judge, I can feel your judgment of me as a parent for taking this stance. You have not walked in my shoes in this situation, and for brevity's sake I did not put in all the gorey details. You're right, she's not my birth child and she made sure she let me know that as soon as all this came to light last month. Since then she "hates this f-ing family", she "can't wait to get out of this f-ing family" and she swore she would "make everyone's life in this family a living hell until you let me go" live with him. It was like she turned into a complete stranger once this all came out and I found out she had been lying, sneaking out, having sex with this man, smoking weed with him and drinking for most of the summer. She is 17, not 13, 15 or even 16. Yes this man's a disgusting pedophile and of course I've assisted the police with everything I knew or found out. But the last time she came back for a week was the longest most horrific week of my life - with her succeeding into turning our lives into a living hell. The tantrums and property destruction...I can't even begin to tell you. But she is choosing this. It is not me who wants this - she does not want us. And if I have learned anything from the 93 kids who have lived in my home over the last 20 years it's that I can only help the ones who want my help.

 

[Proserpina]

Then with such experience, you should also know that you can't simply wash your hands of them.

AJ is correct.

You ideally need an attorney, but in all honesty by the time this gets to court the child might be 18 anyway and the entire issue will be moot.

 

[army judge]

Quite honestly, army judge, I can feel your judgment of me as a parent for taking this stance. You have not walked in my shoes in this situation, and for brevity's sake I did not put in all the gorey details. You're right, she's not my birth child and she made sure she let me know that as soon as all this came to light last month. Since then she "hates this f-ing family", she "can't wait to get out of this f-ing family" and she swore she would "make everyone's life in this family a living hell until you let me go" live with him. It was like she turned into a complete stranger once this all came out and I found out she had been lying, sneaking out, having sex with this man, smoking weed with him and drinking for most of the summer. She is 17, not 13, 15 or even 16. Yes this man's a disgusting pedophile and of course I've assisted the police with everything I knew or found out. But the last time she came back for a week was the longest most horrific week of my life - with her succeeding into turning our lives into a living hell. The tantrums and property destruction...I can't even begin to tell you. But she is choosing this. It is not me who wants this - she does not want us. And if I have learned anything from the 93 kids who have lived in my home over the last 20 years it's that I can only help the ones who want my help.

I wasn't judging you.
I gave you an example as to why parents can't drop their children off at a "kill shelter".
I didn't give you my opinion on the matter.
I provided you with a legal opinion.

Parents must act.
Parents can't just wait.
What if the child turns up dead in creek bed?

Report her as a runaway.
You've met your minimal obligation.
If you've done that, let the police attempt to find her.
That takes you off the hook, legally.

You gained your parental interest in this child by court decree.
Only a court can declare this child incorrigible and commit her to an institution.

In the interim, report her behavior to the police.
Eventually, she will be arrested and held as an adult.
She can't make bond, and you can refuse to go her bond.
She'll be housed in the county jail until this comes to trial.

I am surprised that the 29 year old child molester is still free.
I wonder what other children he is RAPING and RAVISHING and CARNALLY exploiting?

 

[SandiR]

Of course I reported her as a runaway...again...as soon as she ran last week. I don't know why the police haven't found her this time. She has really gone underground this time (took down her facebook and everything) and I suspect he has family or friends hiding her somewhere. I have no idea who he is or where he lives - the police told me they found out who he is but she wasn't with him when they checked. So they have no PROOF that she has even been with him, they said, unless they catch her with him. Her bio-family is apparently helping her as well.
*But the thing you said that interests me is that by reporting her as a runaway gets us off the hook legally. What does that mean? The original caseworker from 4 years ago told me that if anything happens to her or if she causes any destruction while she's on the run we will be held liable. In other words, if she shows up "dead in a creek" somewhere (which I feel is a real possibility and the thought keeps me up at nights) then it will be our fault/responsibility. How can this be if she chose to run away at age17? Is the CW trying to scare us? Or is this the truth...that we could be charged?

 

[army judge]

Of course I reported her as a runaway...again...as soon as she ran last week. I don't know why the police haven't found her this time. She has really gone underground this time (took down her facebook and everything) and I suspect he has family or friends hiding her somewhere. I have no idea who he is or where he lives - the police told me they found out who he is but she wasn't with him when they checked. So they have no PROOF that she has even been with him, they said, unless they catch her with him. Her bio-family is apparently helping her as well.
*But the thing you said that interests me is that by reporting her as a runaway gets us off the hook legally. What does that mean? The original caseworker from 4 years ago told me that if anything happens to her or if she causes any destruction while she's on the run we will be held liable. In other words, if she shows up "dead in a creek" somewhere (which I feel is a real possibility and the thought keeps me up at nights) then it will be our fault/responsibility. How can this be if she chose to run away at age17? Is the CW trying to scare us? Or is this the truth...that we could be charged?

You need to speak with a local attorney.

You need to do this for many obvious and not so obvious reasons.

You need to begin CHINS proceedings before a juvenile court.

If some pervert killed her, of course you won't be held liable for the criminal actions of others.

If she burns down a Starbucks and kills thre epeople, you're not on the hook for that either.

She'll be held liable for her actions as an adult.

She's not an adult, but she'll be held accountable as one for her criminal misdeeds at age 17.

You need to have her declared incorrigible.

You at least need to start that action ASAP.

Her consistent disappearances, plus all her other negative actions will make it a no brainer.

 

[SandiR]

Thank you, AJ, I will start taking the appropriate action tomorrow. This has been a nightmare and it needs to end.