ACORN
Community Legal Education Series
California Indian Legal Services
Bishop
· Escondido · Eureka · Oakland · Santa Rosa
· Washington, D.C.
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ACORN
Community Legal Education Series |
How Do I Enroll a Child in School or Help a Child Get Medical Care if I Don’t Have Legal Custody? |
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Index
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Helpful Information
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What’s in this guide and how can it help me?This guide can help you if you live with a child, but you aren’t the parent and you don’t have a custody order. It explains how to fill out a Caregiver’s Authorization Affidavit form and use it to:
Along with this guide, you’ll need the following forms (you will need Adobe Acrobat Reader to view these forms):
Make sure you read this entire guide before filling out the forms. The guide explains what each of the forms is and how to fill them out. TIP: Throughout this guide, we refer to the rights that parents have. Whenever we talk about "parents," it means one or both of the parents, or the child’s guardian or guardians – it depends on who has legal custody. |
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What is a Caregiver's Authorization Affidavit?A Caregiver’s Authorization Affidavit is a form you fill out and give to a child’s school or health care provider. You can use the form to enroll the child in school or get medical care for the child. California law says what exactly should be in the form. California law also says who can use this form. |
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Helpful Terms An affidavit is a written statement where the person who signs it swears that the information on the form is true and correct to the best of their knowledge. An affidavit usually has to be notarized (you have to bring the statement to a notary public to do this). A custody order is a court order that says who a child will live with and who should make decisions about health care, education, and other important things. A guardian is a person who isn’t the parent, but has a court order giving them legal custody of a child. |
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Does a Caregiver’s Authorization Affidavit affect the custody rights of the parents?No. A Caregiver’s Authorization Affidavit does not affect the rights of the child’s parents. The parents still have custody and control of the child.TIP: A Caregiver’s Authorization Affidavit does not give you legal custody of the child. If you need to get legal custody of a child, consider seeking a guardianship in state probate court. |
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What about Indian custodianships?Indian custodianships may be another option for Indian individuals taking care of Indian children who are not their biological children.For more information about Indian custodians, contact CILS. Also, see the ACORN Community Legal Education Guide, "What Is an Indian Custodian?" |
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School Enrollment |
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Can I use a Caregiver’s Authorization Affidavit to enroll a child in school?You can use the Caregiver’s Authorization Affidavit to enroll a child in school if:
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What if the child needs medical care related to school?If you meet the conditions above, then you can also approve "school-related medical care." |
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What is school-related medical care?School-related medical care is medical care that is required for a child to enroll in school. State or local governments set these requirements. Examples include:
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How do I fill out the Caregiver’s Authorization Affidavit to enroll a child in school and approve school-related medical care?Fill in the blanks for Questions 1- 4. These are easy questions:
TIP: You do not need to answer Questions 5 - 8 if you are using the form only to enroll the child in school and to approve school-related medical care. Sign and date the Caregiver's Authorization Affidavit form at the bottom only if everything is correct. You are signing the form under penalty of perjury. This means if the information isn't correct, you might have to pay a fine or go to jail. !! STOP: Don't sign the form yet if it has to be notarized. You need to sign it in front of the notary. TIP: Ask the child's school if the Affidavit has to be notarized. |
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If the Affidavit has to be notarized, how do I do that?You’ll need to take the Affidavit to a notary public and sign it in front of them. They will notarize the form. You can find a notary public in the yellow pages.
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What if I don’t have a driver’s license?The notary may accept other kinds of photo identification.You can contact the notary you are going to sign the form in front of, and ask what other forms of identification they will take. |
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Do I need to do anything else to enroll the child in school?Some school districts require proof that the child lives in the school district. There may be other documents that the school requires to enroll the child. Check with the child’s school district to see what it requires. |
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What about other medical care?To approve other medical care, you will need to meet the conditions discussed below in the section on "Approving Medical Care." |
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Approving Medical Care |
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Make
sure you have answered Questions 1 - 4 on the Caregiver’s Authorization
Affidavit before beginning this section. This section explains Questions
5 - 8.
Can I use a Caregiver’s Authorization Affidavit to approve medical or dental care for a child?You can use the Caregiver’s Authorization Affidavit to approve medical or dental care for a child if:
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Am I a qualified relative?You are a qualified relative if you are the child’s:
You are also a qualified relative if you are the spouse (husband or wife) of any of the relatives listed above. You are a qualified relative even if you are now divorced or your spouse has died. NOTE: If you are a qualified relative, check the box on Question 5 of the Caregiver’s Authorization Affidavit. |
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What if I’m not a qualified relative?If you aren’t a qualified relative, then you can’t use the Caregiver’s Authorization Affidavit to approve medical care for a child.You might also have to get a foster home license to care for the child, or document that you are an Indian custodian. Contact your local CILS office if you aren’t a qualified relative, but you are caring for a child without having legal custody of that child. |
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Do I have to tell the child’s parents about the Caregiver’s Authorization form?Yes. If you know where they are, you must tell the child’s parents before you fill out the Caregiver’s Authorization form. If they don’t object, then you can complete the form.If the parents don’t object, then check the first box in Question 6 of the Caregiver’s Authorization Affidavit. |
Remember, whenever we say "parents," it means one or both of the child’s parents, or the child’s guardian or guardians – it depends on who has legal custody of the child. |
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Can I use the Caregiver’s Authorization form if the child’s parents object?No. If the child’s parents object to your getting the Caregiver’s Authorization, then you won’t be able to use the form.If you can’t get the approval of the child’s parents, you can contact your local CILS office to see about your other options. |
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What if I can’t find the parents?If you can’t find the parents, you can still complete the Caregiver’s Authorization.NOTE: If you can’t find the parents, then check the second box in Question 6 of the Caregiver’s Authorization Affidavit. |
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What if the parents show up later?If the parents show up later and don’t want you to have the Caregiver’s Authorization, then they can "revoke" (cancel) the authorization. If they revoke the authorization, then you can’t use it. |
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What if the parents change their minds? Can they stop me from using the Caregiver’s Authorization Affidavit?Yes. Even if they told you that they didn’t object to the Caregiver Authorization Affidavit, they can always change their mind. Parents can always revoke the Caregiver’s Authorization. If they revoke the authorization, then you can’t use it. |
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What if the parents and I disagree about medical or dental care decisions?The parents get the final say on medical or dental care. If they disagree with you, their wishes will be followed – unless doing so would risk the life, health, or safety of the child. |
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Does the Caregiver’s Authorization Affidavit mean that the child is covered by my health insurance?No, but you can check with your health insurance provider to see whether the child can be covered under your policy. |
Remember, whenever we say "parents," it means one or both of the child’s parents, or the child’s guardian or guardians – it depends on who has legal custody of the child. |
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What else do I need to do to complete the Caregiver’s Authorization form?NOTE: Write your date of birth on the line for Question 7 of the Caregiver’s Authorization Affidavit.NOTE: Write your California driver’s license or identification card number on the line for Question 8 of the Caregiver’s Authorization Affidavit. TIP: If you don’t have a California driver’s license or identification card, other kinds of identification, such as your Social Security number or Medi-Cal number may be accepted. Make sure you write down what kind of number it is. NOTE: Sign and date the Caregiver’s Authorization Affidavit at the bottom only if everything is correct. You are signing the form under penalty of perjury. If the information isn’t correct, you might have to pay a fine or go to jail. TIP: Remember, if you have to get the form notarized, don’t sign it yet. You’ll need to sign it in front of the notary. |
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Who should I give the Caregiver’s Authorization Affidavit to?For school enrollment, give a copy to the child’s principal or teacher. Also send a copy to the school district office.
NOTE: To keep track of who has copies of the Caregiver’s Authorization Affidavit, use the form "List of People Who Have a Copy of the Caregiver’s Authorization Affidavit." |
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Is the Caregiver’s Authorization Affidavit good as long as I take care of the child?No.
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What if the child stops living with me?If the child stops living with you, you must tell everyone who has been given a copy of the Caregiver’s Authorization Affidavit. This includes schools, school districts, doctors, dentists, health care providers, and health care plans.TIP: Complete the "List of People Who Have a Copy of the Caregiver’s Authorization Affidavit." Then you know who you need to tell if the child stops living with you. |
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Forms
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| REVISION 09/03 | |
DisclaimerThis information is intended to assist you with your legal problem. Each area of the law is complex and changing. Your case may have special factors that could affect the applicability of this information. CILS does not guarantee that this information is sufficient to resolve your legal problem. If you have any questions, you should seek the advice and counsel of an attorney. |
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ACORN Community Legal Education SeriesThe Advocacy, Collaboration, and Referral Network (ACORN) is a project of CILS. ACORN’s mission is to expand access to legal resources that increase Indian self-sufficiency. This guide is part of our Community Legal Education Series, providing Indians and Indian tribes with user-friendly information and self-help assistance pertaining to their legal status and rights. ACORN Community Legal Education guides, and more information about CILS and California Indian issues, are available on our website at www.calindian.org. |
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California Indian Legal ServicesCentral
Office: |
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Do you have a legal problem? For assistance, contact your local CILS office:Bishop:
(760) 873-3581, or (800) 736-3582 |
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