KINSHIP CARE AND GUARDIANSHIP
SECTIONS
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KINSHIP CARE LEGAL SERVICES PROGRAM
Keeping Children With Family
Need Help With a Family Court Matter in Erie or Niagara County?
Our Kinship Care Unit provides free legal representation to kinship caregivers of all ages in Erie and Niagara counties. If you are caring for, or seeking to care for, a child who is not your child, you can call us to see if you qualify for representation. Services provided include: representation in neglect and abuse, custody, guardianship, adoption, child support, family offense, and administrative matters. To find out if you qualify for assistance, you can contact our intake line at 716-853-3087. Income guidelines may apply to those under age 55.
For a useful resource check out the New York Kinship Care Navigator website.
This program is made possible in part by a grant from The New York Bar Foundation
It can be difficult to know what to expect in Family Court. Generally, the Family Court staff cannot provide you with legal advice. Therefore, it is important to have an attorney to help you understand your options, and assist with petitions and court appearances. For a petition, you should be prepared to provide as much information as possible, including the names and addresses of the other parties, and the names and birth dates of the children. For court appearances, the court will want to know why the parents are unable to provide the children with care, and sometimes a hearing before a judge is necessary to resolve these issues.
Common Questions
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The law does have some requirements that a “suitable relative” be located before placing children in non-relative foster care. However, CPS may not be aware of all relatives who are available as a resource. You may need to speak with the CPS caseworker to make sure that they know you are available.
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Child only grants are available to relatives caring for children. You can apply for the benefits by filling out a TANF grants application and submitting it to the Department of Social Services.
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Depending on the case circumstances, you can file your own custody petition under Article 6 of the Family Court Act. If you need assistance, you can see if you qualify for our services by calling 716-853-3087.
SELF-HELP RESOURCES
Form for Appointing a Standby Guardian
Application for TANF, SNAP, Medicaid, and Child Care assistance:
This is used by parents to give authority to another adult to make medical and educational decisions for their child(ren).
This form can be valid for up to 30 days with a signature, or up to 12 months with a notarized signature.
GUARDIANSHIP UNIT
Our Guardianship Unit serves as court-appointed guardian for Erie County residents age 60+ who the court determine incapacitated and who require assistance to meet their needs. If you are a court appointed guardian in need of assistance see the Family Guardian Support Project below. Most of the people we serve are in nursing homes or assisted living facilities. However, upon being appointed guardian, we do an assessment to determine whether the person is able to live in the community. It is our goal to ensure that the people we serve are in the appropriate placement, depending on their needs, desires, and functional abilities. The Guardianship Unit includes legal staff, accountants, and social workers collaborating to provide the following services:
Regular visits
Support and management of all affairs, including:
Health care
Housing
Finances
Legal needs
Serving as court evaluator when requested by the court
Providing legal representation to those contesting a guardianship proceeding
Please note: we do not assist people who are seeking to become guardian over another individual. If you wish to petition for guardianship for a loved one whom you fear is in danger, please call the Erie County Department of Protective Services for Adults at (716) 858-6877. Alternatively, you can contact a private attorney
FAMILY GUARDIAN SUPPORT PROJECT
Thanks to the support of Foundation 214 and the Ralph C. Wilson, Jr. Foundation, we are offering presentations, assistance, and consultations to family guardians throughout Western New York. Please call Daniel Piersa, Esq. for more information, or to schedule a consult at (716) 853-3087 x 316, or dpiersa@elderjusticeny.org.