In Missouri, family members maintain the right to act on behalf of an abused or neglected child. Under family laws, these individuals may petition the court to acquire guardianship for the child. The Wegmann Law Firm in Jefferson County MO helps these petitioners offer protection and a stable home for these at-risk children.
Identifying a Risk to the Child
The family member has two options to identify a risk to the child. They can file a direct motion to the court for custody or contact child protective services. Both options provide a caseworker for their case. However, a direct motion could allow them to maintain custody of the child pending an investigation.
Working with Child Protective Services
Child protective services visit the home of the child. They complete a full assessment to determine if the identified risk exists. Additionally, a medical doctor examines the child for all signs of abuse or neglect. A child psychiatrist is called in to perform a complete mental evaluation for the child. The findings of these assessments are submitted to the court for further review.
Acquiring Temporary Custody of the Child
Temporary custody is the first assignment available for family members outside of parents. The social worker assigned to the case provides findings pertaining to their investigation. A prosecutor may also provide information if criminal charges are filed against the biological parent or parents. The case is revisited after one year.
Securing Guardianship of the Child
Termination of the parental rights is achieved if there is a continued risk to the child. The social worker revisits the child’s original home and conducts a new assessment. They also evaluate the living environment for their temporary home. The court terminates parental rights if they present a serious risk to the child. Guardianship is awarded after the termination is official.
In Missouri, family members may take legal action to protect a minor child. These rights apply if the child is abused or neglected by their biological parents. The most common allegations pertain to sexual or physical abuse and severe neglect or starvation. Family members who need to acquire guardianship should contact the Wegmann Law Firm in Jefferson County MO or Click Here for more info today.
