Child Custody Disputes

POLICY:

NOCAC Head Start staff will obtain legal documentation if a family indicates that there is some conflict regarding with whom the child resides.

PROCEDURES:

Determining Legal Custody/Guardianship

1. The person (if other than parent) enrolling a child into Head Start must have legal documentation to substantiate their role as legal guardian. A child’s authorized caregiver or legally responsible party may include:
   1. A blood relative who has been declared by a state agency a child’s legal guardian.
      1. This is considered a Foster/Kinship relationship. Grandparents, Aunt/Uncles, cousins etc…
   2. Authorized Foster Family
   3. A state agency approved guardian or caregiver
2. Acceptable documentation includes:
   1. Letter of guardianship from the courts or a state agency
   2. Temporary Letter of guardianship from the courts or state agency
3. NOCAC centers cannot legally restrict the non-custodial parent from visiting the child, or reviewing the child’s records. NOCAC Head Start has an open door policy which means any parent is welcome to visit our centers unless:
   1. There is a documented restraining or no contact order on file for the enrolled child from the parent wishing to come to the center/classroom.
   2. In dual custody/non-custodial situations, where the parent is to be involved in their child’s Head Start experience, staff needs to devise ways for both parents to attend parent conferences and home visits.
   3. NOCAC Staff will contact the non-custodial parent and introduce themselves and invite them to attend Head Start events.
   4. In the case where the parent/guardian cannot be physically present, duplicate progress reports, assessments, and other materials about their child’s progress can be mailed to include them in their child’s education.
   5. If an enrolled child is named on a restraining order, restricting an individual from contacting the child,
4. A copy is obtained from the parent/guardian and placed in the child’s file.
5. A copy is attached to the Child Enrollment and Health form on the bus
6. NOCAC Staff should ask parent/guardian for a picture of the individual and attach to the order.
7. All staff are made aware of the order and shown the picture.
8. If the individual who is on the restraining order attempts to enter the center, contact or remove the child from the center, the police and custodial parent/guardian are to be called immediately.
9. NOCAC Staff are to document information on a Child Abuse/Neglect Report form.
10. NOCAC Staff will hold custody issue in strict confidence.

Forms and Additional Guidance: