Are CPS Safety Plans Legally Binding?
Child Protective Service (CPS) (known as “Administration for Children’s Services ACS, in NYC) is tasked with investigating reports of child maltreatment, and with keeping children safe. When a CPS/ACS caseworker finds a situation where a child is unsafe, they often work with the family to create a plan to keep the child(ren) safe while the parent works on the issues that are affecting safety. These can include such circumstances as untreated mental health or substance use issues, domestic violence, unsuitable housing, or other like circumstances. The plan can include having an abusive person leave the home, a parent going into treatment, and sometimes having the child stay with another person, often a grandparent, other family member, or friend. This is sometimes referred to as a “safety plan,” “alternative living arrangement,” or “hidden foster care.”
If you or your family are caring for a child that was placed with you under a safety plan, it is important to know that the plans are not legally binding. Only a court order issued by a judge can change custody and placement of a child. If a parent refuses to comply with the CPS/ACS caseworker’s plan to have the child(ren) stay with someone else, CPS/ACS could file a petition in Family Court and ask the judge to have the child removed from the parents’ care and custody and placed with the other parent, family member, friend, or foster care.
If you are a person caring for a child who is not yours pursuant to a “safety plan,” you may ask the parent to sign a “parental designation form” so that you have the authority to make urgent medical and educational decisions for the child while they are in your care. The parent is not required to sign this form, and the form is revocable at any time for any reason. You may also have the right to receive child support during this time. You may apply for a non-parent caregiver TANF grant from your local department of social services. Note that they only count the child’s income in calculating the benefit. Once approved, you may receive a monthly cash grant to assist you in caring for the child. If you are caring for a child who is not yours under a CPS/ACS sanctioned safety plan and have questions, please call our Kinship Unit at (716) 878-9297.
See these useful resources:
Instructions for Parents and Designees
The above is for informational purposes only and is not legal advice.
