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Niece placed in Foster Care- but her Aunt wants to take her in. What should she do?

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What is the name of your state (only U.S. law)? FL.
My Niece has been taken from the home of one of my Sisters because DCF has recognized that my Sister is not able to take care of things right now and needs to work on her issues- alcoholism, etc...The niece is in her younger teens. My other Sister wants to take her in, and is more than capable, but a decision was made at a shelter hearing to place the Niece in a foster home. I've searched the internet, but the exact proceedure for an aunt to provide a home for a DCF involved child alludes me. My sister's calls to the DCF office working on the case have not gotten the desired results, in spite of their assurances that she would be considered when they decided where to place the Niece. There have been 3 different DCF contacts in just 3 weeks, so we are not sure if the person making the Foster Care decision even knew about my sister's willingness to help. Does anyone know what the proceedure is?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? FL.
My Niece has been taken from the home of one of my Sisters because DCF has recognized that my Sister is not able to take care of things right now and needs to work on her issues- alcoholism, etc...The niece is in her younger teens. My other Sister wants to take her in, and is more than capable, but a decision was made at a shelter hearing to place the Niece in a foster home. I've searched the internet, but the exact proceedure for an aunt to provide a home for a DCF involved child alludes me. My sister's calls to the DCF office working on the case have not gotten the desired results, in spite of their assurances that she would be considered when they decided where to place the Niece. There have been 3 different DCF contacts in just 3 weeks, so we are not sure if the person making the Foster Care decision even knew about my sister's willingness to help. Does anyone know what the proceedure is?

There isn't actually an obligation to place the child with a relative - DCF may have decided that foster placement is better.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? FL.
My Niece has been taken from the home of one of my Sisters because DCF has recognized that my Sister is not able to take care of things right now and needs to work on her issues- alcoholism, etc...The niece is in her younger teens. My other Sister wants to take her in, and is more than capable, but a decision was made at a shelter hearing to place the Niece in a foster home. I've searched the internet, but the exact proceedure for an aunt to provide a home for a DCF involved child alludes me. My sister's calls to the DCF office working on the case have not gotten the desired results, in spite of their assurances that she would be considered when they decided where to place the Niece. There have been 3 different DCF contacts in just 3 weeks, so we are not sure if the person making the Foster Care decision even knew about my sister's willingness to help. Does anyone know what the proceedure is?
The state has an obligation to place the child at whichever home is best for the child. That MAY be a family member, but it doesn't have to be. The state may have seen something they didn't like at your sister's house or may have decided that it's not in the child's best interests to be there for some reason - or it may have been an oversight.

Even more likely is that, since you're talking about foster care, your sister hasn't met the requirements. Every state has specific requirements for foster parents. You typically have to go through training, have your home visited and approved, and so on. If your sister is not already approved as a foster parent, then it doesn't matter if she's a relative - the state has rules about who can be a foster parent and can not give the child to someone who hasn't met the requirements.

Your sister should contact the case worker and ask what it would take. If she's not happy with the response, she should ask for a supervisor.

And you need to remember that YOU are not involved. The state is going to be unable to discuss the matter with individuals who are not a party to the action. If your sister is looking for custodianship, she can discuss her own application with the state. The state will not discuss your sister's plans with you.
 

LdiJ

Senior Member
The state has an obligation to place the child at whichever home is best for the child. That MAY be a family member, but it doesn't have to be. The state may have seen something they didn't like at your sister's house or may have decided that it's not in the child's best interests to be there for some reason - or it may have been an oversight.

Even more likely is that, since you're talking about foster care, your sister hasn't met the requirements. Every state has specific requirements for foster parents. You typically have to go through training, have your home visited and approved, and so on. If your sister is not already approved as a foster parent, then it doesn't matter if she's a relative - the state has rules about who can be a foster parent and can not give the child to someone who hasn't met the requirements.

Your sister should contact the case worker and ask what it would take. If she's not happy with the response, she should ask for a supervisor.

And you need to remember that YOU are not involved. The state is going to be unable to discuss the matter with individuals who are not a party to the action. If your sister is looking for custodianship, she can discuss her own application with the state. The state will not discuss your sister's plans with you.
That is not the case for kinship care Misto. A kinship care provider does not have to be pre-approved as a foster parent. They do have to be approved to provide kinship care (ie investigated) but they do not have to be a qualified foster parent.
 

xylene

Senior Member
A kinship care provider does not have to be pre-approved as a foster parent.
Unfortunately that is sometimes ignored, to be fair to those who have struggled with a system whose pace can seem glacial.

However, if everything is working as it should, if their is a willing relative and FL DCF instead chose to place the child in foster care, then it means DCF has already made a determination or predetermination about sisters fitness in the negative.

There is no family service cabal to break up families. The OP is too close and just might not being seeing the issues.

Lastly, the teen may have special needs for her own emotional recovery.
 

Proserpina

Senior Member
Unfortunately that is sometimes ignored, to be fair to those who have struggled with a system whose pace can seem glacial.

However, if everything is working as it should, if their is a willing relative and FL DCF instead chose to place the child in foster care, then it means DCF has already made a determination or predetermination about sisters fitness in the negative.

There is no family service cabal to break up families. The OP is too close and just might not being seeing the issues.

Lastly, the teen may have special needs for her own emotional recovery.


Yeap, agreed.
 
The Sister who wishes to provide a home is extremely qualified, but I don't want to get into specifics for anonymity reasons. There is a half a day's distance between the two Sisters, and it has all happened very fast, so DCF has not investigated the willing Sister's home. In fact, they haven't asked anthing of her. She has just been calling to let them know that she is there and capable. So, I'm afraid that she hasn't been considered. If they had considered her for a home for the child, they probably would have asked her to provide something. That's why my question is about the proceedure. I don't know, but it might be the case that the easiest thing for DCF to do is send the Niece off to a familiar Foster Home in their local system. I guess the willing Sister will have to initiate some proceedure to force them to consider her for "guardianship" (not sure what the exact designation would be). Does anyone know how to initiate such a proceedure with out Filing a petition in Circuit Court.
 

Proserpina

Senior Member
The Sister who wishes to provide a home is extremely qualified, but I don't want to get into specifics for anonymity reasons. There is a half a day's distance between the two Sisters, and it has all happened very fast, so DCF has not investigated the willing Sister's home. In fact, they haven't asked anthing of her. She has just been calling to let them know that she is there and capable. So, I'm afraid that she hasn't been considered. If they had considered her for a home for the child, they probably would have asked her to provide something. That's why my question is about the proceedure. I don't know, but it might be the case that the easiest thing for DCF to do is send the Niece off to a familiar Foster Home in their local system. I guess the willing Sister will have to initiate some proceedure to force them to consider her for "guardianship" (not sure what the exact designation would be). Does anyone know how to initiate such a proceedure with out Filing a petition in Circuit Court.


It would actually be really helpful if the sister would register.
 
I know, but alot of people are shy about using this kind of help. She is determined. She was about to travel to the other town to just go into DCF and ask what to do, but I suggested that she find out more before doing this.
 

mistoffolees

Senior Member
I know, but alot of people are shy about using this kind of help. She is determined. She was about to travel to the other town to just go into DCF and ask what to do, but I suggested that she find out more before doing this.
Well, if she can't be bothered to ask her questions here, her chances of being involved enough to actually get guardianship of the child are slim. She's going to need to be aggressive and make a diligent effort to get what she's asking for.

That is not the case for kinship care Misto. A kinship care provider does not have to be pre-approved as a foster parent. They do have to be approved to provide kinship care (ie investigated) but they do not have to be a qualified foster parent.
OK, but the point is that she has to prove one way or the other that she's fit to provide kinship care. The sooner she gets that step out of the way, the better.
 

jabj

Junior Member
I don't know if this will help since it's a different state, (OH) and not the exact same situation, but I'm going to say it just in case.
My nephew was taken from his mom and placed in foster care. My brother is in the process of establishing paternity but is not sure he will be able to obtain custody because of his criminal record. (assault) My mom has called children services where the baby is, (4 hours from here) and they told her that if she wants placement with her, that she has to show up to the next hearing but they said they couldn't tell her when it was because she is not a party to the case. They said for her to ask my brother or the childs mom, (who is currently in jail), when the hearing is, and that my brother would have to tell the judge that he wanted her in there. They also said that unless the mother and father agreed that they wanted my mom to have the baby, he would not be placed with her.
I don't know if your sister would have to do the same thing or what, but maybe she could at least call them and ask about it.
 

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