"Seeking Advice About Current Situation"

Updated on May 27, 2009
M.W. asks from North Richland Hills, TX
4 answers

I am in a little bit of a situation regarding the CPS placement of the two girls. Originally, the situation was supposed to be a temporary placement, but with recent events, it looks as if the placement could become permanent. Right now we have durable power of attorney for the girls, but if CPS moves forward with removal with a court order, we have been told that the girls will need to be placed in foster care while a home study is performed and legal paperwork is created giving us legal custodianship of the girls until we can file for custody. Here is my question: since we are not related to these children, is this even a plausible situation? We were told originally that they would just close her file and that the girls would remain with us. Then we were told that they would move forward with a court order because she's non-compliant and has been for almost two months. Now we are being told that they don't know if they can go for a full removal and the mother would have to agree to a home study. Are we just being taken for a ride? We've done everything possible to make sure that the girls have been cared for, are safe, and have the things they need that we have been able to provide. WE HAVE NOT RECEIVED ANY HELP FROM THE STATE, NOR HAVE WE REQUESTED IT. The only thing that has not been provided to these girls is health coverage because the mother has an open case and it must be closed before I can file a new application. Please advise! It will be very much appreciated and thanks in advance!

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So What Happened?

Hi Ladies,

I really appreciate your advice. We did go to a foster parenting class, and we received some really great information from there. In the future, we're most definitely going to consider fostering/adoption certifications. I just need to finish school before we embark on that journey. They were able to answer a lot of our questions and even gave us a couple of attorneys we can consult with. We just have to play the waiting game to see what will happen next.

Thanks,

M. W.

More Answers

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L.D.

answers from Dallas on

M.- Whether or not you can get "custody" or adopt the children in this situation will depend on a number of factors. It is hard to advise you of the options without knowing more. Normally, if there is a CPS removal of children, they have an obligation to try and work with the parents so the children can be placed back with them. However, if the parents do not comply with the recommendations of CPS, then CPS can try and terminate the parental rights and place the children. Often, family members are available and the children are placed with them. You can have a homestudy performed by a licensed social worker anytime (w/o permission). I do a lot of adoption/termination work, but without more info. it is hard to say what is going on.

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M.F.

answers from Dallas on

I know a friend that was in a similar situation. In Texas the court usually fights to have the children stay with birth mother. The mother has to agree to give you custody. That is all I know, good luck.

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M.S.

answers from Dallas on

Hi M.,

I am currently in training to be a foster parent and am learning how many sticky situations there are in life! Things get very messy. If I were you, I would start working with an agency to complete your training. CPS will not place a child with you if you have not been verified by the state, which an agency provides. There is not a charge for working with an agency. I STRONGLY recommend working with Pathways. They provide training year-round.
In our sessions we have found that many people are taking training because they already have someone in mind that they plan to adopt. Your situation would not be uncommon.

http://www.pathway.org/

Good luck! Maybe I will see you in a training session. Email me privately if you want more information.

Peace,
M.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

L.E.

answers from Dallas on

M., I truly feel for you. I had a similar situation with my two foster boys (now our sons!). We hired an amazing attorney who used to work for CPS and she assisted us in our case. If you've had your foster cildren for over 6 months, you can hire a private attorney to assist you. This is something CPS never lets you know but we found out just in time. You should contact her immediately. Going up against CPS, even when they are in the wrong, is a bit touchy and you should really contact someone that truly knows the system. Good luck to you. My attorney's name is Kellye Reeves Swanda. I recommend her to everyone I can as I think so highly of her. Tell her you were referred to her by L. Edmonson. Her website is: http://www.swandalawfirm.com/

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