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shaunnbrooke · Jan 24, 2008, 10:28 AM

I have had my ex-foster sister's child living with me for 3 years as she has been in and out of jail. All I have for paperwork is a preprinted form from the Illinois prison system, which is a notorized temporary guardianship form, granting me permission to make all legal,school and medical decision for him enroll him in school etc etc. it also states he will reside at my address. My problem is that not all agencies will accept this as it is only notorized and has not been in front of a judge. I am on a fixed income and cannot afford a lawyer,and because the state welfare angency will not accept the notorized paper and proof of the mother's incarceration I cannot seek any benefits for him aside from the states kids insurance. I have contacted the local child welfare agency, and was told that if I wanted their help they would have to place the child in foster care until it went before a judge as I am not a blood relative. There are no other blood relatives to take care of the child and his father is deceased. Is there a way to find out if I can find the papers to fill out,how to fill them out and take them before a judge myself. I cannot find any lawyer that will tell me if I can do this myself. I do not want to disrupt this child any further,as he has thrived since he has been here and has gone from not attending school and special ed behavioral problems to the honor roll and top 30 of his school with no behavior problems. His mother won't be able to care for him for at least another 3 years. He is 10 years old and we live in waukegan Illinois. Thank you for any help

JudyKayTee · Jan 24, 2008, 01:24 PM

Originally Posted by shaunnbrooke

I have had my ex-foster sister's child living with me for 3 years as she has been in and out of jail. All I have for paperwork is a preprinted form from the illinois prison system, which is a notorized temporary guardianship form, granting me permission to make all legal,school and medical decision for him enroll him in school ect ect. it also states he will reside at my address. My problem is that not all agencies will accept this as it is only notorized and has not been in front of a judge. I am on a fixed income and cannot afford a lawyer,and because the state welfare angency will not accept the notorized paper and proof of the mother's incarceration I cannot seek any benefits for him aside from the states kids insurance. I have contacted the local child welfare agency, and was told that if I wanted their help they would have to place the child in foster care until it went before a judge as I am not a blood relative. There are no other blood relatives to take care of the child and his father is deceased. Is there a way to find out if I can find the papers to fill out,how to fill them out and take them before a judge myself. I cannot find any lawyer that will tell me if I can do this myself. I do not want to disrupt this child any further,as he has thrived since he has been here and has gone from not attending school and special ed behavioral problems to the honor roll and top 30 of his school with no behavior problems. His mother wont be able to care for him for at least another 3 years. he is 10 years old and we live in waukegan illinois. thank you for any help

Have you tried Family Court? I am aware of a very similar situation in my area where the person who has physical custody (granted by the mother, father nowhere to be found) is having no problem with the child's medical treatment but the school system wants legal, Court-ordered guardianship. I just today wrote the State Department of Education to see what needs to be done.

(You sound like a really good person -)

cdad · Jan 24, 2008, 05:57 PM

If you need help money wise for raising the child he might be entitled to SSI because his father is deceased and he should get survivor benefits. Hope you can get those for him.

JudyKayTee · Jan 25, 2008, 08:54 AM

Originally Posted by califdadof3

If you need help money wise for raising the child he might be entitled to SSI because his father is deceased and he should get survivor benefits. Hope you can get those for him.

The legal guardian must file for survivor benefits, not a "casual" provider, and so, yes, you might have to seek legal guardianship.