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Thread: adopting a niece in foster care 1 year

  1. #1
    kdelcid is offline Junior Member
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    adopting a niece in foster care 1 year

    What is the name of your state (only U.S. law)? CA
    hello so my niece has been in foster care for 1 year now i just found out 6 months ago and i really want to get custody of her and adopt her, the foster parents are actually wanting to adopt her to the social workers are telling me it is way to late in this case to even try. i dont belive that. i need to know what are my options and what can i do to better pre pare myself this case has been going on for 1 year now court is on Dec 15. =0
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by kdelcid View Post
    What is the name of your state (only U.S. law)? CA
    hello so my niece has been in foster care for 1 year now i just found out 6 months ago and i really want to get custody of her and adopt her, the foster parents are actually wanting to adopt her to the social workers are telling me it is way to late in this case to even try. i dont belive that. i need to know what are my options and what can i do to better pre pare myself this case has been going on for 1 year now court is on Dec 15. =0


    And why do you think it would be in the child's best interest to be ripped from the only home she's had for the past year?

    Please explain.
  3. #3
    kdelcid is offline Junior Member
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    she will be raised with her biological family, grand parents aunts uncles and cousins. we will take very well care of her. i dont want her growing up later in life thinking she had no family that wanted her when its not true.
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    Proserpina is offline Senior Member
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    Quote Originally Posted by kdelcid View Post
    she will be raised with her biological family, grand parents aunts uncles and cousins. we will take very well care of her. i dont want her growing up later in life thinking she had no family that wanted her when its not true.


    I'm truly not trying to be harsh here, okay?

    But this isn't about you. Biology doesn't matter. Millions of children have been raised by foster or adopted parents with no biological link.

    She HAS a family. Her foster family. Please, stop thinking about you and your family, and think about about the child.

    You didn't answer my question.
  5. #5
    TheGeekess is offline Senior Member
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    Quote Originally Posted by kdelcid View Post
    she will be raised with her biological family, grand parents aunts uncles and cousins. we will take very well care of her. i dont want her growing up later in life thinking she had no family that wanted her when its not true.
    Hmmm... You found out a YEAR ago and just decided to start 'doing something' SIX MONTHS ago?

    Read the bolded again, because she's already been there, done that.
  6. #6
    kdelcid is offline Junior Member
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    Hmmm... You found out a YEAR ago and just decided to start 'doing something' SIX MONT

    its not that im just now trying to do something about it. at the time my sister was not telling me they were going to remove her parental rights, she told me there were going to give her back my niece. she also told me my grandmother was going to have temp. custody of her tell my sister got on her feet so i knew she was going to be in good hands and very well taken care of. so i deiced to go to court and see what is really going on. To find out that they were going to remove my sisters rights my grandmother was not able to care for my niece because of her age and health. so now that i know the foster parents will be adopting her, why cant her own aunt and uncle adopt her?
  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by kdelcid View Post
    its not that im just now trying to do something about it. at the time my sister was not telling me they were going to remove her parental rights, she told me there were going to give her back my niece. she also told me my grandmother was going to have temp. custody of her tell my sister got on her feet so i knew she was going to be in good hands and very well taken care of. so i deiced to go to court and see what is really going on. To find out that they were going to remove my sisters rights my grandmother was not able to care for my niece because of her age and health. so now that i know the foster parents will be adopting her, why cant her own aunt and uncle adopt her?


    Because, apparently, your niece is comfortable, safe and settled with her foster parents.

    I don't think you actually know the details and evidently the state thinks it's best for your niece to remain where she is.

    You still haven't answered why you think it's okay to rip her away from her home.
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    I'm truly not trying to be harsh here, okay?

    But this isn't about you. Biology doesn't matter. Millions of children have been raised by foster or adopted parents with no biological link.

    She HAS a family. Her foster family. Please, stop thinking about you and your family, and think about about the child.

    You didn't answer my question.
    Actually it does matter. Biology that is. Statute requires that the child be palced in the least restrictive environment and family be considered:
    706.6.


    A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:


    (c) A description of the type of home or institution in which the minor is to be placed, including a discussion of the safety and appropriateness of the placement. An appropriate placement is a placement in the least restrictive, most family-like environment, in closest proximity to the minor's home, that meets the minor's best interests and special needs.
    Then look at 361.2 and 362.7.

    It is possible that she could get custody. She would need to step forward and ask that her home be evaluated and complete a homestudy and background check and also start visits with the child. If she got custody then mom's rights may not have to be terminated. However if mom's rights were terminated then the likelihood of her adopting would be slim.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    CSO286 is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Actually it does matter. Biology that is. Statute requires that the child be palced in the least restrictive environment and family be considered:


    Then look at 361.2 and 362.7.

    It is possible that she could get custody. She would need to step forward and ask that her home be evaluated and complete a homestudy and background check and also start visits with the child. If she got custody then mom's rights may not have to be terminated. However if mom's rights were terminated then the likelihood of her adopting would be slim.
    Wouldn't the family have been considered initially as a placement option? It would be my educated guess that they either failed to step up or were ruled out for some reason.

    Would CPS have to reconsider the biological family if an adoption was looming?
  10. #10
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Actually it does matter. Biology that is. Statute requires that the child be palced in the least restrictive environment and family be considered:


    Then look at 361.2 and 362.7.

    It is possible that she could get custody. She would need to step forward and ask that her home be evaluated and complete a homestudy and background check and also start visits with the child. If she got custody then mom's rights may not have to be terminated. However if mom's rights were terminated then the likelihood of her adopting would be slim.
    Unless there's more that you haven't quoted, I don't see anything that requires that the child go with family. What it said was that a 'family-like environment' was preferable. That doesn't mean family.

    Also, I believe that applies to initial placement. Since the child has already been placed in a foster home, are the requirements for a CHANGE the same or different?
  11. #11
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Unless there's more that you haven't quoted, I don't see anything that requires that the child go with family. What it said was that a 'family-like environment' was preferable. That doesn't mean family.

    Also, I believe that applies to initial placement. Since the child has already been placed in a foster home, are the requirements for a CHANGE the same or different?
    Termination of parental rights is the LAST thing to do. If legal custody to an appropriate third party/relative is available, the courts do that normally.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  12. #12
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Termination of parental rights is the LAST thing to do. If legal custody to an appropriate third party/relative is available, the courts do that normally.
    I agree. But that's not the question. The question is, what do they do if they've already placed the child in foster care and a relative pops up and wants the child?

    I honestly don't know - but it wouldn't surprise me if the answer were different (much as the standards for a modification of custody can be different than the standards for an initial custody determination in a divorce situation). So, in your opinion, are they likely to take the child from an established foster home in order to place him/her with an aunt?
  13. #13
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    I agree. But that's not the question. The question is, what do they do if they've already placed the child in foster care and a relative pops up and wants the child?

    I honestly don't know - but it wouldn't surprise me if the answer were different (much as the standards for a modification of custody can be different than the standards for an initial custody determination in a divorce situation). So, in your opinion, are they likely to take the child from an established foster home in order to place him/her with an aunt?
    If the aunt is appropriate, yes. I have seen it happen many times -- at least in Ohio. And I am finding nothing in California law that appears different.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  14. #14
    Proserpina is offline Senior Member
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    Well, lovely to see that the child's best interest is such a huge factor.

    Insert sarcasm here.
  15. #15
    Antigone* is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    Well, lovely to see that the child's best interest is such a huge factor.

    Insert sarcasm here.
    There you go, my friend.

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