Parents of Minor Children May Need a Child Protection Plan.
If you’re a mom or dad with one or more children at home under the age of 18 (as I am), you may need a Child Protection Plan. Without such a plan, if you are killed or incapacitated in an accident, the police will typically show up at your house to notify the family. If the police find your kids home alone, or with a babysitter, they will have no choice but to call in Child Protective Services and have your kids removed from your home until the system can figure out what to do, and that may take weeks or even months.
Doesn’t a Will Naming Guardians Suffice?
Having a Last Will and Testament to name permanent, long-term guardians for your minor children is vitally important, but it is is not sufficient to protect your children in these situations. First of all, the police typicallly won’t know where to find your Will, so your kids will often wind up in the hands of strangers until everyone can figure out what to do. Even if the police did somehow obtain a copy of your Will, a Will doesn’t actually appoint guardians. A Will only nominates guardians for your children after your death; a Court must make the actual legal appointment. And a Will only works if you die, not if you become temporarily or permanently incapacitated.
A Will doesn’t even become effective until it is admitted to probate (which often occurs weeks or months after death), and then it can take additional weeks or months for the Court to officially appoint your guardians. In the meantime, who is going to take care of your children? Who is going to be authorized to obtain medical treatment if a child requires it? Unfortunately, it is typically the Child Protective Services system, through its network of Foster Care volunteers.
A Child Protection Plan addresses who is authorized to take charge of your children immediately and comfort them in those terrible first hours, days and weeks after your death or incapacity, so that you can have the peace of mind of knowing that your children will be taken care of by trusted and loving family or friends who you decide on, not random strangers that the overworked government system foists upon your children.
What is a Child Protection Plan?
A Child Protection Plan is a set of legal documents that includes an Appointment of Temporary Guardian for someone you choose to take immediate custody of your children, a Parental Consent for Medical Treatment form, and a Medical Information form containing information on your child’s medical allergies and conditions, pediatrician information, health insurance information, immunization record, and medication list. Your Child Protection Plan will also include a special wallet card. The wallet card will be registered with a national database that contains all of the above information on file for each child.
If you are in an accident, your Child Protection Plan will help ensure that your children are never turned over to Child Protective Services because the police don’t have clear instructions from you and, if the unthinkable happens, your Child Protection Plan will help ensure that your children are not turned over to Foster Care strangers chosen by a overburden social services system that doesn’t care about your wishes or who you would prefer to take custody of your children.