J.V.
and R.V. v. DPW – Cmwlth. Court – April 29, 2015 – unreported memorandum
opinion
Grandparents
who took formal but voluntary custody of grandchildren,without any involvement
of CYS, were not entitled to benefits under the Kinship Care Program to
reimburse them for the care of their grandchildren.
The
Kinship Care Program is intended to encourage family members to become involved
in those instances “when it is necessary to remove a child from the child’s
home.” 62 P.S. §1301. County CYS agencies are required to notify
grandparents and other adult relatives “of a dependent child within 30 days of
the child’s removal from the child’s home when temporary legal and physical
custody has been transferred to the county agency.” 62 P.S. §1303(a) (emphasis added). This
transfer of custody may occur through a judicial adjudication of dependency under the
Juvenile Act, 42 Pa. C.S. §6351, or by a voluntary placement agreement between
the parents and the county child welfare agency under 55 Pa. Code §3130.65. The county agency must take custody if it
determines that grounds for dependency
exist. See Children, Youth and Families Bulletin 00-03-03, “Kinship Care
Policy,” July 28, 2003. Relatives who
accept placement of children through the county children and youth services
agency are eligible for the payments that are available to all foster parents. 62 P.S. §1303(c)(1)(i).
Grandparents’
efforts have been laudable. The purpose of the Kinship Care Program is to
encourage what Grandparents did. However, until they satisfy the regulations
that apply to foster parents, they are not eligible for kinship care payments. For these reasons, we are constrained to
affirm the order of the Bureau.
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The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent." 210 Pa. Code 69.414.
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