Permanent Legal Custodian Brochure
Child Eligibility Requirements:
The child has been adjudicated dependent, or delinquent with SCR, cannot return home and the goal of adoption has been ruled out.
The child , age 12 or older, refuses to consent to adoption and has participated in adoption prep counseling.
A child must have lived or be living with the identified custodianfor a total of six months, which need not be consecutive, prior to the ordering PLC.
The child under the age of 12 for whom adoption prep counseling has been provided, but who remains opposed to adoption and the court has made the determination that adoption is not in the best interest of the child.For more requirement see OCYF Bulletin 3130-10-02/3140-10-03
PLC Rights and Duties:
Once the custodian has been awarded legal custody of the child, the following are the parents rights and duties to the child:
To receive Non-Recurring Expense Reimbursement up to $2000
Legal and physical custody
To determine the nature ofcare and treatment for the child
Abide by any visitation plan
Petition for child support from the parents in non-subsidized PLC
Make other decisions such as
Enlistment in armed forces Services Available to PLC Families
Subsidized Permanent Legal Custodianship SPLC
County agencies must negotiate a subsidy amount that will meet the child’s needs and the SPLC circumstances.
The amount cannot exceed the foster care maintenance.
The subsidy agreement should be signed prior to Permanent Legal Custodianship and the SPLC parent should be given a copy of the agreement, including the process for requesting a change to the subsidy amount.
The subsidy agreement is a written, legally binding document, signed by the county agency director or designee and the SPLC parent. A copy of the parents appeal rights must accompany each agreement and the process for requesting a change in the subsidy amount.
The subsidy agreement will be terminated unilaterally by the county agency when any one of the following occurs:
The SPLC is no longer providing financial support for the child
The SPLC is determined by the court to be no longer legally responsible for the child
The custodian request subsidy to stop
The parent and the agency agree thatthe subsidy is no longer needed
The child reaches age 18 or 21 see below
The death of the custodian
The death of the child
Please explain my child’s eligibility for extension of adoption assistance beyond the age of 18?Due to the passage of Act 80 effective July 1st, 2012, adoptive families may be eligible to receive the monthly subsidy beyond the age of 18 to the age of 21.
If a child was 0-12 years of age at the execution of the adoption agreement, this child is not eligible for the subsidy extension.
If a child was at least 13 years of age and not yet 21 years of age at the execution of an adoption agreement, the child may be eligible for the extension. This child must meet at least one of the five extension criteria to receive the extension as follows:
The youth is completing their secondary education or equivalent credential;
The youth is enrolled in a post secondary educational or vocational training program;
The youth is participating in a program designed to promote employment and/or remove barriers to employment;
The youth is employed and works at least 80 hours a month; or
The youth has a documented medical or behavioral health issue preventing them from doing any of the above.
For more information contact:
Together as Adoptive Parents, Inc.
215.256.0669 215.513.2921 (fax)