What to do if…
you are asked to collect a child because their parent has died and the other caregiver is unreachable
Short answer
Don’t pick the child up unless the school/childcare provider can verify you’re allowed to take them. If no legal guardian is reachable, involve the authorities (law enforcement and/or child protective services) so the child’s handoff is safe and documented.
Do not do these things
- Do not demand the child be released “because it’s an emergency” if staff can’t confirm you’re authorized.
- Do not take the child to an unknown location or start “moving them in” without clear permission from a legal guardian or a court.
- Do not sign school or medical forms pretending you are the parent/guardian if you aren’t.
- Do not share the death or the child’s situation online or in group chats.
- Do not make big promises to the child about where they’ll live or what happens next.
What to do now
- Confirm exactly who is requesting this and where the child is. Get names, roles, call-back numbers, and the child’s current location (school office, daycare, after-school program, etc.).
- Ask the school/childcare provider what they need to release the child. Commonly: you must be on the authorized pickup list and show photo ID. Ask to speak with an administrator.
- If you are not clearly authorized, ask them to keep the child there while a plan is made. Say plainly: “I don’t want the child released without proper authorization—please follow your safety procedures.”
- Try to reach the other caregiver and all emergency contacts using multiple methods.
- Call, text, voicemail (short, factual).
- Ask the school/setting to call the numbers on their emergency contact card as well.
- If no legal guardian can be reached in time, escalate to the appropriate authority for immediate safety.
- If the child may be unsafe, stranded, or the setting is closing and no safe authorized adult is available: call 911.
- If it’s not an immediate emergency but no guardian is reachable and a same-day plan is needed: call local law enforcement non-emergency and/or the child protective services (CPS) hotline for guidance on a safe, documented transfer.
- If the child is released to you, get the release decision documented. Ask the school/setting to note: who approved release, what ID/checks were done, the time/date, and where the child is going.
- If the child needs medical care while the guardian is unreachable, don’t guess your authority.
- For urgent danger or severe symptoms: call 911.
- Otherwise, call the clinic/hospital first and ask what consent or paperwork they require from a non-parent caregiver; if they can’t proceed without a legal guardian, ask law enforcement/CPS what to do next.
- Keep the first destination simple and stabilizing. Go to a safe, calm place (ideally familiar to the child) that the releasing authority agrees is appropriate. Avoid unnecessary stops and avoid discussing adult details in front of the child.
- Write down a minimal incident log for yourself (2 minutes). Note who confirmed the death (and how you were told), who you spoke with, what was authorized, and what the next official step is (CPS contact, officer name/incident number if provided, court self-help contact, etc.).
- If care may extend beyond “tonight,” start the temporary authority pathway quickly (names vary by state). Look for your state/county court’s self-help information on temporary/emergency guardianship or emergency custody (terminology and which court division handles it varies). If you can’t find it fast, CPS/law enforcement can often tell you the correct local route.
What can wait
- You do not need to decide permanent custody or long-term placement right now.
- You do not need to handle estate/funeral decisions today unless you’re the designated person.
- You do not need to collect all documents immediately; focus on a safe plan for tonight and a clear authority chain.
Important reassurance
This is a hard situation and it’s normal to feel overwhelmed or worried about doing the wrong thing. Asking schools and authorities to follow their procedures is not “making it worse”—it’s how you protect the child and protect yourself from misunderstandings.
Scope note
These are first steps for the first hours and the first safe overnight plan. Longer-term arrangements depend on state law and may require a court order and/or CPS involvement.
Important note
This guide is general information, not legal advice. Processes vary by state and county; when there’s disagreement about who can take the child, follow the school/childcare provider’s safety policy and the directions of law enforcement/CPS.
Additional Resources
- https://studentprivacy.ed.gov/resources/ferpa-and-disclosure-student-information-related-emergencies-and-disasters
- https://studentprivacy.ed.gov/sites/default/files/resource_document/file/ferpa-disaster-guidance.pdf
- https://www.childwelfare.gov/topics/permanency/kinship-care/
- https://www.ncsl.org/civil-and-criminal-justice/modernizing-minor-guardianship-in-state-courts
- https://www.childwelfare.gov/resources/standby-guardianship/
- https://nycourts.gov/CourtHelp/Guardianship/standbyguardian.shtml