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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11806
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Will obtaining durable legal custody cease state benefits of

Customer Question

Will obtaining durable legal custody cease state benefits of a foster child?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
What state is this in, please, and what kind of benefits (name of the program or programs, please) are you receiving?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
The state of Miss.; one parent is deceased; other parent still has rights but not involved and rights will be legally terminated. Child is currently in foster care. Foster parents are not eligible for state aide of any kind (have jobs, etc. - fair financial standing) only the foster child receives foster care services in the home. Foster parents are not ready to adopt, but prefer durable legal custody for now. Will state aide cease if durable legal custody is obtained, even if remaining birth parent rights are terminated? Also, what if remaining birth parent rights are not terminated? Would state aide cease if in durable legal custody?
Expert:  Ely replied 2 years ago.
Thank you for your clarification. However, I still need to know:
1) Who is receiving the state benefits here? FOSTER CARE FAMILY or the BIOLOGICAL PARENT?
2) What kind of benefit (name of the program or programs) is being received?
3) "Will state aide cease if durable legal custody is obtained" - cease for whom, the FOSTER FAMILY, or, the BIOLOGICAL PARENT?
Customer: replied 2 years ago.
The foster care family is currently receiving the benefits for the child. I'm not certain the exact name of the program - the child is under 10 years of age. The child receives a monthly amount for personal needs plus medicaid for medical coverage.
Customer: replied 2 years ago.
Sorry, biological parent(s) not involved at all. Neither receive anything.
Expert:  Ely replied 2 years ago.
Thank you. Unfortunately, the answer is wholly dependent on the program. I cannot answer without knowing what program this is under. Is there any way you can find out?
Customer: replied 2 years ago.
I'm searching for it. May take me a couple of hours to find the specific program.
Expert:  Ely replied 2 years ago.
No worries. You can simply reply back when ready.
If I am not online at that time, I will normally reply within 12 hours.

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