Procedure for registering a kinship care agreement Sample Clauses

Procedure for registering a kinship care agreement. A parent or guardian who has entered into a kinship care agreement may register that agreement with the clerk of the children’s court. A kinship care agreement which is to be registered must be recorded on Form 12A, which is appended to the Child Care and Protection Regulations. The following documents must be submitted to the clerk of the children’s court along with the kinship care agreement: � the child’s birth certificate � an affidavit by the parent or guardian confirming that he or she is the child’s legal custodian (with copies of any relevant court order or document) � proof of guardianship status, IF the agreement has been entered into by a legal guardian who is not a parent. An affidavit is a written statement which a person swears to before a commissioner of oaths such as a lawyer or a police officer. The clerk of the children’s court will stamp or endorse the agreement to show that it has been registered and give a copy of the endorsed agreement to each of the parties and to the Ministry. A kinship care agreement must be registered at the children’s court if the kinship care-giver wants to apply for or receive a State maintenance grant for the child. The registration process is intended to make sure that a grant paid for a particular child goes to the person who is actually caring for that child. The clerk of the children’s court must provide a copy of the agreement to the Ministry for this purpose. If more than one agreement covering the same child is submitted for registration and the agreements are inconsistent with each other, the most recent agreement will apply – UNLESS these is other evidence about which agreement is the operative one.  Child Care and Protection Act, sections 41, 123(2) and (4)(d)  Child Care and Protection Regulations, regulation 40 (see Technical Note below) What is the authority for requiring a parent or guardian to approach the clerk of the court to register a kinship care agreement? The agreement must be registered by the parent or guardian in order for the kinship care-giver to be eligible to receive a State maintenance grant. Section 123(2) of the Act states: “A child’s parent or guardian … must conclude a kinship care agreement with the kinship care-giver, and must register the agreement with the clerk of the children’s court in terms of subsection (4) before the kinship care-giver is eligible to receive a state maintenance grant contemplated in Chapter 16 or maintenance payment in terms of which the child is a...
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