The parents can be held liable for truancy vioaltions if the children are not going to school. The fact that the parents are disabled is not sufficient to remove the children from the home. Chronic truancy or failure to supervise may be sufficient depending on what the chldren are doing. The question to be asked is whether the parents are taking care of the children, shelter, clothing and food.
If there comes a time when the children are removed they would be taken by the local children's services. These days Childrens Services will try to make a "kinship" placement. Since you are related to the children you would be eligible for such a placement. Your being in another state complicates matters as the local childrens services will need to file an Interstate placement document with the childrens services of the receiving state. It is possible, but the fact the parents are sill in the picture makes this a question of whether it would be permitted.
When you indicated you are preparing documents this would be for guardianship. A court would have to approve any such arrangement. Having them in advance would be useful, but you could also request guardianship at any hearing where the children are being removed from the parents.
Ther are many support groups available, if you indicate what state I amy be able to provide more information.
I would suggest you call the Allegheny County CASA office. They can help you with the options that are available, and can help by recommending custody options should the children become the responsibility of children's services.
If you fund this answer helpful please press the ACCEPT button.
All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).