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will like custody of niece in foster care

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fediana

Junior Member
Actually legally they have not been. She has been in the custody of the state and unless the foster family has been lying to her this child knows who her mother and father are. The foster family has NO rights unless they have adopted the child.


Big difference.
The state is MANDATED to place the child in the least restrictive environment -- which is with family instead of a foster caregiver -- if appropriate family is available before mother's rights are terminated.


Big difference in situations. If she is appropriate, the state MUST start transitioning the child -- not with a counselor necessarily. And reunification does NOT come into play automatically in these situations due to the differences involved.


If the state had done its job in looking for family and working hard to place the child with family, this would not be an issue. You are not understanding the differences.
Nor are most of the people on this thread.

And quite frankly the STATE is held responsible for that because the state is mandated to make sure that relatives are found if they are available. This child can be transitioned to OP's home and the child can transition there in a healthy manner.

All of you stating foster care is where the child should remain are quite frankly clueless about the laws and need to understand them.
Finally someone who understands the law. Yes, the parents rights have not been terminated actually the father is still considered an non offending father but they are trying to make him offending since I filed a petition for custody. I have worked in the system before and as you stated relative placement should be investigated and I always made sure I investigated all relative placement once I knew they existed. I had one case that was going to TPR and the family came forward and I still investigated that placement. The social services have not even considered investigating my placement when I found out my niece was in foster care. At that moment she was a little over a year and they never even tried or returned my calls for months. As you stated the state "The state is MANDATED to place the child in the least restrictive environment which is family. Most of these individual on this site does not understand it. All they understand is the child should remain in foster care and be adopted.
 


fediana

Junior Member
Have you even read the NY law? If so, and you understand it, you would realize you're outside the window of opportunity for consideration.
well not necessarily true because Im actually still being considered. My petition has not been denied. Its still going so we will see.
 

I'mTheFather

Senior Member
well not necessarily true because Im actually still being considered. My petition has not been denied. Its still going so we will see.
I'm not sure what the heck you're trying to accomplish because I won't reread 4 pages of this thread. All of your posts are filled with irrelevant narrative, so just reading your posts is prohibitive too.

If you have a custody action, then you may have an outside chance. Not likely, IMO, but possible. Reread the statute. You have an uphill battle.

If you're hoping for a foster placement, forget it.

And though I asked this before, I'll ask again. Why did your brother do nothing when his child entered the system?
 
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