When DFPS is named as a child’s temporary managing conservator in a proceeding for a suit affecting the parent-child relationship (SAPCR), the legal relationships that existed before the case almost always change.
In addition, whether DFPS leaves the case because a child or youth is reunited with his or her parents, is placed with a managing conservator, is adopted, or becomes an adult, there are key issues that pertain solely to the child or youth that should, ideally, be resolved while the court retains jurisdiction over the case.
Before the case is closed, the caseworker must address:
• citizenship and immigration issues, in particular applying for special immigrant juvenile status (SIJS). While this cannot be resolved by the family law judge, it is important to try to resolve the issue while DFPS continues to be involved with the child or youth. See 5730 Foreign-Born Children in Foster Care;
• child support issues. See 5340 Seeking Child Support for Children in Substitute Care;
• an adjudication of paternity. See 5350 Establishing Paternity;
• guardianship issues. See 10340 Preparation for Long-Term Care or Support in Adulthood for Youth With Disabilities. It is not sufficient that a young adult may remain in extended foster care. If a referral for guardianship is appropriate, it is made before the young adult’s 18th birthday;
• issues related to the child’s credit history, any benefits entitlement, savings accounts, and so on. See 6453 Consumer Credit Reports;
• issues related to ensuring that the child’s or youth’s identity documents are correct and consistent;
• issues related to the extent of a parent’s access or custody after the suit (if any);
• other critical issues identified by the child or youth, or the attorney ad litem or guardian ad litem.
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