Placement of Children With Relatives - American Samoa

Date: September 2022

Relative Placement for Foster Care and Guardianship

Citation: Ann. Code § 45.0403

If the court terminates parental rights of both parents or of the only living parent, the court, after considering the racial, cultural, and religious background of the child, shall order guardianship of the person and legal custody transferred to any of the following:

  • The Department of Health
  • A child-placing agency
  • A relative of the child
  • An individual of good moral character

The court shall consider, but shall not be bound by, a request that guardianship be placed with a grandparent, a parent's sibling, or a sibling of the child.

Requirements for Placement with Relatives

This issue is not addressed in the statutes reviewed.

Requirements for Placement of Siblings

This issue is not addressed in the statutes reviewed.

Relatives Who May Adopt

Citation: Ann. Code § 45.0412

If no guardian has been appointed for the child and the child is otherwise available for adoption, the person who has had the child living in their home for 1 year or more may petition the court to appoint a guardian to consent to the adoption.

Requirements for Adoption by Relatives

This issue is not addressed in the statutes reviewed.

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