Duties of Department of Children's Services When No Natural Guardian, or Child Abandoned
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When there is no natural guardian of a minor or when a minor has been abandoned and if the minor requires service from the department of children's services, the duly authorized agent of the commissioner of children's services of the county in which the minor resides may act as the custodian of the person of the minor with the powers as enumerated in § 37-1-140, until a guardian is appointed.
The guardianship of the minor may be committed to the duly authorized agent of the commissioner by an instrument in writing signed:
If both parents are then living, by the parents of the child or, if either parent of the child is dead, by the surviving parent;
If either one (1) of the parents has abandoned or neglected to provide for the minor for a period of six (6) months, by the other parent; or
If the minor is born out of wedlock, by the mother of such minor.
The guardianship shall be in accordance with this section and the instrument shall be upon the terms, time and conditions agreed upon by the parties.
The instrument shall be:
Signed;
Acknowledged before a notary public or county clerk; and
Recorded in the office of the county clerk in the county where the instrument is executed, where the minor is residing, or where the county office of the department of children's services is located.