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Grandchild in our care with voluntary CPS case

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Whitterz

Junior Member
Ohio
My grandchild was born addicted to fentanyl and was in the hospital for 3.5 weeks for NAS. He was released to his mother initially. She and my stepson had the baby for 2 weeks, in that time stepson was incarcerated. She dropped him off at our house "for a week" (now 5 months ago) while she went to rehab to get clean. We were able to get her to sign over POA. She has a voluntary case plan with CPS but currently nothing restricts her from picking him at any time because she still has custody. She was in and out of rehab 4 times before this last time where she stayed 2 months. We just found out she checked herself out a week and a half ago without telling anyone; not us, not the father of her other 2 kids, not CPS. No one knows where she's staying or why she left, or more importantly what her plan is. Ohio law is very pro-mother (at times to a point of ridiculousness) so we've been left waiting for a concrete reason to be able to file for custody.

My questions are:

What are our requirements for complying with CPS visits to our home? I have nothing to hide, but they want to come every month and it's often difficult to rearrange the schedule. They continuously tell us that they can't make anything more concrete for his protection because it's a voluntary case. We aren't part of any formal case plan, I've never even seen any paperwork on it let alone signed anything. CPS didn't place him with us, she did. Am I required to adhere to their visit schedule? What if I do not?

What is our best game plan for obtaining custody of our grandchild? At this point, even her parents (we keep in touch with them and they've visited) don't want him or her other 2 kids to go back to her, as they feel she will keep repeating the same cycles.

We've talked to local lawyers and all they will tell us is what paperwork they can file. They seem unable or unwilling to advise us of a best coarse of action. We felt relatively secure with the situation while she was in the rehab facility, but now feel like sitting ducks with her out and unaccounted for. I just want to be able to keep the baby safe.
 


LdiJ

Senior Member
Ohio
My grandchild was born addicted to fentanyl and was in the hospital for 3.5 weeks for NAS. He was released to his mother initially. She and my stepson had the baby for 2 weeks, in that time stepson was incarcerated. She dropped him off at our house "for a week" (now 5 months ago) while she went to rehab to get clean. We were able to get her to sign over POA. She has a voluntary case plan with CPS but currently nothing restricts her from picking him at any time because she still has custody. She was in and out of rehab 4 times before this last time where she stayed 2 months. We just found out she checked herself out a week and a half ago without telling anyone; not us, not the father of her other 2 kids, not CPS. No one knows where she's staying or why she left, or more importantly what her plan is. Ohio law is very pro-mother (at times to a point of ridiculousness) so we've been left waiting for a concrete reason to be able to file for custody.

My questions are:

What are our requirements for complying with CPS visits to our home? I have nothing to hide, but they want to come every month and it's often difficult to rearrange the schedule. They continuously tell us that they can't make anything more concrete for his protection because it's a voluntary case. We aren't part of any formal case plan, I've never even seen any paperwork on it let alone signed anything. CPS didn't place him with us, she did. Am I required to adhere to their visit schedule? What if I do not?

What is our best game plan for obtaining custody of our grandchild? At this point, even her parents (we keep in touch with them and they've visited) don't want him or her other 2 kids to go back to her, as they feel she will keep repeating the same cycles.

We've talked to local lawyers and all they will tell us is what paperwork they can file. They seem unable or unwilling to advise us of a best coarse of action. We felt relatively secure with the situation while she was in the rehab facility, but now feel like sitting ducks with her out and unaccounted for. I just want to be able to keep the baby safe.
If the child is your stepson's child, then the child is technically not your grandchild. Hopefully you are married to the child's actual grandparent or it gets even more complicated.
 

Whitterz

Junior Member
He IS my grandchild, I am married or it wouldn't be my STEPson and you did nothing to answer ANY question I posted. Go troll elsewhere please.
 

LdiJ

Senior Member
+
He IS my grandchild, I am married or it wouldn't be my STEPson and you did nothing to answer ANY question I posted. Go troll elsewhere please.
Good lord...if you are going to get this offended when legal distinctions are made you are seriously going to mess this up for everyone, including the children. He is not your grandchild. If you are married to his biological grandparent then he is your step grandchild.

Are you aware that stepparents or step grandparents who appear to be the catalysts for these types of cases are often viewed as a major part of the problem rather than part of the solution? Are you aware that stepparents and step grandparent who clearly understand their lack of legal standing are often viewed as a great part of the solution rather than a great part of the problem?

Right now, you are showing yourself as a great part of the problem.
 

Ohiogal

Queen Bee
He IS my grandchild, I am married or it wouldn't be my STEPson and you did nothing to answer ANY question I posted. Go troll elsewhere please.
As an attorney in Ohio who does CPS cases representing either the child or the parent, YOU are NOT the grandparent and he is NOT your grandchild. He is your step-grandchild.
 

Ohiogal

Queen Bee
Ohio
My grandchild was born addicted to fentanyl and was in the hospital for 3.5 weeks for NAS. He was released to his mother initially. She and my stepson had the baby for 2 weeks, in that time stepson was incarcerated. She dropped him off at our house "for a week" (now 5 months ago) while she went to rehab to get clean. We were able to get her to sign over POA. She has a voluntary case plan with CPS but currently nothing restricts her from picking him at any time because she still has custody. She was in and out of rehab 4 times before this last time where she stayed 2 months. We just found out she checked herself out a week and a half ago without telling anyone; not us, not the father of her other 2 kids, not CPS. No one knows where she's staying or why she left, or more importantly what her plan is. Ohio law is very pro-mother (at times to a point of ridiculousness) so we've been left waiting for a concrete reason to be able to file for custody.

My questions are:

What are our requirements for complying with CPS visits to our home? I have nothing to hide, but they want to come every month and it's often difficult to rearrange the schedule. They continuously tell us that they can't make anything more concrete for his protection because it's a voluntary case. We aren't part of any formal case plan, I've never even seen any paperwork on it let alone signed anything. CPS didn't place him with us, she did. Am I required to adhere to their visit schedule? What if I do not?
You MUST cooperate. If you do not, then CPS will most likely file a case in court and remove the child from your home. Oh and if the child was born addicted to fentanyl then there is a drug test in which said grandchild tested positive, correct? If not, then there is no evidence. Her going to rehab is a positive. Ohio law is NOT pro-mother so you need to knock it off because you are showing your ignorance of Ohio law -- so says the Ohio attorney. You are however a legal stranger and have no rights to the child.

What is our best game plan for obtaining custody of our grandchild? At this point, even her parents (we keep in touch with them and they've visited) don't want him or her other 2 kids to go back to her, as they feel she will keep repeating the same cycles.
You have POA. Can you prove her unfit? That is a high burden and it doesn't sound like it.


We've talked to local lawyers and all they will tell us is what paperwork they can file. They seem unable or unwilling to advise us of a best coarse of action. We felt relatively secure with the situation while she was in the rehab facility, but now feel like sitting ducks with her out and unaccounted for. I just want to be able to keep the baby safe.
Really? If lawyers won't tell us what to do, I question if you actually paid for a consult or when to a legal clinic where they help you paperwork. Those are two different things.
 

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