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What are my rights with Children & Youth

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Robinette

Junior Member
What is the name of your state (only U.S. law)? PA

Long story short.
1) I have been raising my 5 year old grand-daughter since June 2010.
2) She was removed from my daughter by Children and Youth because of drug abuse and neglect.
3) My grand-daughter's father is prison.
4) I had my grand-daughter before for a year.
5) There are sibling twin 3 year old brothers. Both are autistic and in the care of an aunt and uncle.
6) I have guardianship.
7) Children and Youth contacted me this week and told me I had to apply for Kinship because the aunt and uncle are filing for Kinship for my grandsons.
8) I do not want to be a Foster Home.
9) I do not want the state to have custody of my grand-daughter even though I would have physical custody.
10) My daughter and the father of my grand-daughter are willing to give me legal custody.

The question I have is this:
Does children and youth have the right to force me in to foster care status to care for my grandchild? Can't I simply have the parents give me custody?What is the name of your state (only U.S. law)?
 


CourtClerk

Senior Member
No, they don't have the right to force you into kinship care.

Their other option is to remove the child from your care and place her into foster care.

And no, you can't have your daughter and her ex boyfriend give you custody, because right now, the children are wards of the state, and THEY have the say as to what happens to the children. If I were you, I wouldn't get into a pissing contest with CYS, you'll lose every time.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? PA

Long story short.
1) I have been raising my 5 year old grand-daughter since June 2010.
2) She was removed from my daughter by Children and Youth because of drug abuse and neglect.
3) My grand-daughter's father is prison.
4) I had my grand-daughter before for a year.
5) There are sibling twin 3 year old brothers. Both are autistic and in the care of an aunt and uncle.
6) I have guardianship.
7) Children and Youth contacted me this week and told me I had to apply for Kinship because the aunt and uncle are filing for Kinship for my grandsons.
8) I do not want to be a Foster Home.
9) I do not want the state to have custody of my grand-daughter even though I would have physical custody.
10) My daughter and the father of my grand-daughter are willing to give me legal custody.

The question I have is this:
Does children and youth have the right to force me in to foster care status to care for my grandchild? Can't I simply have the parents give me custody?What is the name of your state (only U.S. law)?
Yes, because at the moment the parents do not have custody of the child, the state does. Why would you object to having foster care status?

There is a chance that you could get court ordered custody and remove the child from state custody, but that would absolutely require an attorney, and would not be guaranteed.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? PA

Long story short.
1) I have been raising my 5 year old grand-daughter since June 2010.
2) She was removed from my daughter by Children and Youth because of drug abuse and neglect.
3) My grand-daughter's father is prison.
4) I had my grand-daughter before for a year.
5) There are sibling twin 3 year old brothers. Both are autistic and in the care of an aunt and uncle.
6) I have guardianship.
7) Children and Youth contacted me this week and told me I had to apply for Kinship because the aunt and uncle are filing for Kinship for my grandsons.
8) I do not want to be a Foster Home.
9) I do not want the state to have custody of my grand-daughter even though I would have physical custody.
10) My daughter and the father of my grand-daughter are willing to give me legal custody.

The question I have is this:
Does children and youth have the right to force me in to foster care status to care for my grandchild? Can't I simply have the parents give me custody?What is the name of your state (only U.S. law)?
Huh?

Are you kidding?

The STATE has determined that these children are in need of their "supervision". Period. If you want the child/ren to stay under YOUR roof...DO WHAT THEY ORDER.:rolleyes:
 

Ohiogal

Queen Bee
Kinship is NOT a foster home per se. It is a related home to the children. There are different requirements than for a foster home. OP should do so. If the aunt and uncle have applied and the parents do not get the children back, the aunt and uncle may end up with custody.
 

Robinette

Junior Member
No, they don't have the right to force you into kinship care.

Their other option is to remove the child from your care and place her into foster care.

And no, you can't have your daughter and her ex boyfriend give you custody, because right now, the children are wards of the state, and THEY have the say as to what happens to the children. If I were you, I wouldn't get into a pissing contest with CYS, you'll lose every time.
Thanks for your input. Right now Children and Youth do not have custody of any of any of the children. I have Guardianship of my grand-daughter and the aunt and uncle have guardianship of my grandsons. Children and Youth have set a hearing to remove custody from both parents.
 

Robinette

Junior Member
Huh?

Are you kidding?

The STATE has determined that these children are in need of their "supervision". Period. If you want the child/ren to stay under YOUR roof...DO WHAT THEY ORDER.:rolleyes:
Huh? Yeah I am kidding you! That is why I took the time to ask questions in hope of getting serious answers. Why? Because raising children is serious. Obviously the children are in need of supervision. That is why I comply with "Supervised Visitation Rules" when my daughter wants to see her daughter.
 

Robinette

Junior Member
Yes, because at the moment the parents do not have custody of the child, the state does. Why would you object to having foster care status?

There is a chance that you could get court ordered custody and remove the child from state custody, but that would absolutely require an attorney, and would not be guaranteed.
Thank you for answering. The state does not have custody of them yet.I have guardianship of my grand-daughter and the aunt and uncle have guardianship of my grandsons. The aunt and uncle caring for my twin grandsons are applying for kinship. I was told I have to apply for my grand-daughter. I have friends who have been in this program. They say it is very intrusive. I do not care if they have to do a police backround check, home inspection and so on. I just do not want the stress that comes with them having legal custody instead of me. They will give me physical custody. However, I am told I will have to comply with foster home rules and regulations.
 

LdiJ

Senior Member
Thanks for your input. Right now Children and Youth do not have custody of any of any of the children. I have Guardianship of my grand-daughter and the aunt and uncle have guardianship of my grandsons. Children and Youth have set a hearing to remove custody from both parents.
How you you and the aunt and uncle have guardianship? Did that take place prior to children and youth getting involved and was it signed of off by a judge?

If it was, then there would be no reason for Children and Youth to have hearing set.
 

CourtClerk

Senior Member
Thanks for your input. Right now Children and Youth do not have custody of any of any of the children. I have Guardianship of my grand-daughter and the aunt and uncle have guardianship of my grandsons. Children and Youth have set a hearing to remove custody from both parents.
You have to make up your mind and decide which side of the fence you want to be on. If the child was removed because of drug abuse and neglect, and CYS was the agency that removed the child, then the child IS IN FACT a ward.
 

Robinette

Junior Member
My daughter signed over guardianship. Children and youth allowed her to do that. We had hoped she would comply with the conditions children and youth set so she could work towards getting her children back.

However, she has not complied with thier conditions. Because my grandsons have special needs the aunt and uncle now feel it is best to go with kinship. Which of course I understand. The boys need special schools, early intervention and so on.

Anyway, the case worker called me and informed me that I also have to apply for kinship. She said that I have to meet the guidelines of foster care. I have to undergo monthly inspections, classes and so forth.
 

Robinette

Junior Member
You have to make up your mind and decide which side of the fence you want to be on. If the child was removed because of drug abuse and neglect, and CYS was the agency that removed the child, then the child IS IN FACT a ward.
The side of the fence I want to be on is my grandchildren. I have been told by children and youth that at this point in time they are not wards of the state. Even though there is an open case. Why? Because family members stepped up to the plate to take care of these children. The only reason the state is looking to make them wards of the state is because the aunt and uncle want the benefits that come with kinship.

It breaks my heart but I know chances are my daughter may never be fit to be a mother again. I have to chose grandchildren over my daughter because someone has to be in their corner. She made poor choices. She messed up and the kids should not suffer.

Look I am not out to argue with anyone. This is a serious situation. I asked a serious question. If I knew the answers I would not have asked. I thought this was a serious forum. Not one where a couple of people would start attacking me ((SHRUGS)))
 

Just Blue

Senior Member
My daughter signed over guardianship. Children and youth allowed her to do that. We had hoped she would comply with the conditions children and youth set so she could work towards getting her children back.

However, she has not complied with thier conditions. Because my grandsons have special needs the aunt and uncle now feel it is best to go with kinship. Which of course I understand. The boys need special schools, early intervention and so on.

Anyway, the case worker called me and informed me that I also have to apply for kinship. She said that I have to meet the guidelines of foster care. I have to undergo monthly inspections, classes and so forth.
Apple...Tree....:(
 

TinkerBelleLuvr

Senior Member
Sounds like you have two choices:
1. comply with the need to go with the "foster care"
2. give the child to the aunt/uncle

Sounds like you'll at least get some funds that has to help with the situation.

There are also some hidden bennies to this - involved FAFSA and college monies available to the child when he/she gets to college.
 

Robinette

Junior Member
Apple...Tree....:(
Obviously you are a bored little man/ woman who has nothing better to do than insult people. Chances are you thrive off reactions and the possibilty that you can upset someone. Sorry to waste your time but that is not going to happen here. I can assure you that people like you are a dime a dozen on the internet. You sit behind a screen where you can hide and take your miserable life out on other people. I will not respond to anymore of your posts. So save your font for someone who cares or might make your day by engaging in an arguement with you.
 

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