|
|
Physical vs. Legal Removal
The CDSS have concurred on what constitutes a legal removal. CDSS has adopted that legal removal (constructive removal) is an acceptable alternative to physical removal.
The State defines the ‘legal home of removal’ as “the home of the parent or relative from whom the child is physically removed.” Counties must base their AFDC-FC eligibility determination on the State’s definition of ‘legal home of removal.’
Physical Removal Defined
Physical removal occurs when the child has physically been removed from the home of a specified relative.
A parent is arrested and incarcerated. The Aunt has taken over physical custody of the child. After several weeks she calls Social Services and states that she is not able to continue to care for the child. The child is thus physically removed from the Aunt.
The child has lived with an Aunt and Uncle for several years. Social Services investigates and subsequently removes the child due to sexual abuse by the Uncle. The child is thus physically removed from the Aunt and Uncle and this is considered the home of removal.
Legal (Constructive) Removal Defined
Legal (Constructive) removal is a paper removal. This means the local department of Social Services or Probation has obtained legal custody/care of the child but does not physically remove the child from the home where the abuse or neglect occurred.
The child has been living ‘on the streets’ and with various friends for four months. Prior to that the child had been living with the father. Social Services Agency takes the child into custody and files a petition. The father’s home is the home of removal.
Related Topics
Original Removal from the Home vs. Change in Placement