In Minnesota, a guardianship is provided to a claimant after they provide evidence of a risk. The risk could indicate any form of abuse, drug or alcohol abuse, or unsafe living conditions. The following are questions about how to receive a guardianship assignment through family law in Walker MN.
Where Does the Claimant Report Their Allegation First?
If the child has existing injuries, the claimant must file a report with their local law enforcement agency. The officers contact child protective services to start an assessment. A caseworker comes to the agency and evaluates the child. If the caseworker determines an initial risk, the child is released into the care of the claimant. The claimant must sign a warrant for the arrest of the child’s parent or caregiver. On the other hand, if they wish to report allegations of abuse or a risk without existing injuries, they contact child protective services directly.
What is a Temporary Custody Order?
A temporary custody order is provided when a risk to the child is discovered. The order is provided for up to one year. During the assignment, the parent or caregiver has the opportunity to eliminate the identified risk. A new hearing is scheduled to evaluate the risk after one year has passed.
What Steps are Followed to Evaluate a Risk to the Child?
A caseworker conducts an interview with the parent or caregiver. They perform a home study to review the living conditions and the environment in which the child is exposed. The caseworker reviews any obvious sign of abuse, the temperament of the parent, and conditions that identify any further risks.
A parent or caregiver who is accused of drug or alcohol abuse must complete a treatment program. They must provide evidence of completion. A caseworker or sponsor testifies to determine the outcome of the treatment program. If any risk exists on the date of the hearing, the claimant acquires permanent guardianship of the child.
In Minnesota, an ongoing risk to a minor child warrants the need for a new guardianship assignment. An individual who is related to the child has the legal right to petition the court for this assignment. Claimants who want to become the legal guardian of a child through Family Law in Walker MN, visit Brainerd Law today.