There is a small niche of the court system, made larger by a reluctance to engage in foster care, that affects deeply some number of families, it’s the dependency system. Let’s start with first what it is not:

It is not guardianship. Guardianship is a term used a lot, but in the context of Pennsylvania law, it is usually used incorrectly. Guardianship filings are granted where there is a person who is “incapacitated”, meaning they are unable to effectively evaluate information, they can’t manage money or property, or make some decisions. A guardianship is usually instituted when there is a medical or developmental disability. The order for guardianship allows another adult or agency to make some or all decisions for the incapacitated person. Guardianship is not usually filed on children as they have no rights to be abridged by a guardianship.

Custody then, is a much larger and more fraught area of the law. You hear it with almost every divorce, but a custody action can also be brought by a grandparent or a person who has certain standing for a certain amount of time. Custody is filed to define what rights that adult has in relation to the child, particular with regards to visitation and what decisions they can make on behalf of the child.

If you have ruled out that you would go to guardianship or custody, then its time to consider this niche area: dependency. Dependency is filed most commonly when a child:

• Is without proper parental care or control
• Has been abandoned
• Has been abused
• Is habitually truant from school (without justification)
• Has committed a specific act of disobedience or is ungovernable

What does that look like? It varies. Has a child been dropped off to your home, neither parent is available to the child and you can’t legally make decisions (like medical care, school, etc)? That child is likely dependent. Is a parent acting in a way that they cannot exercise parental care or control, even thought the child is still in their home (using drugs, leaving the child alone, neglecting the child)? The child is probably dependent. Is the child not in school, regularly, such that they are not meeting educational goals (and do not have, for example, a medical excuse)? That child may be dependent.

Not every child who has a difficult home life is dependent, and certainly being dependent does not equate to a court removing the child from a caretaker. But a dependent child can access certain benefits, and having the child be found dependent can allow a caretaker to get legal rights to get medical care, to address school problems, and so on.

If you think a child in your life fits these descriptions, and if you have contacted children and youth and haven’t been able to get a response or don’t feel like you’re getting enough help, give this law office a call: Shannon K McDonald 267-702-0648

In the next post, we’ll talk about the process for filing a private dependency petition