Help Please!Trying to get custody of nephew/foster child

Name of State: CT

My husband and I are foster parents to our 2 year old nephew he has lived with us for a year. His mother and father were both incarcerated when he came to live with us. Now his father has been out of jail for about 11 months and now still only has a one hour visit with him every week supervised by DCF (department of children & families), which is when he shows up. He has missed many visits and it makes my nephew pretty upset and he has really bad temper-tantrums. The mother was hoping to get out next month but was denied and informed that she will be in for another year atleast. Which incarceration was not the only reason DCF took custody of the child. Neglect was another and he had been placed in DCF's care 4 other time before he was 1 and 1/2. We are relocating to South Carolina this July. What should we or can we do to try and get custody, temporary custody or if that is even possible. Again he has lived with us for a year and it would be so awful if he had to leave our home until he has a stable mother/father to live with. If anyone can please help....Thank you.

ReneeCT said:

Name of State: CT

My husband and I are foster parents to our 2 year old nephew he has lived with us for a year. His mother and father were both incarcerated when he came to live with us. Now his father has been out of jail for about 11 months and now still only has a one hour visit with him every week supervised by DCF (department of children & families), which is when he shows up. He has missed many visits and it makes my nephew pretty upset and he has really bad temper-tantrums. The mother was hoping to get out next month but was denied and informed that she will be in for another year atleast. Which incarceration was not the only reason DCF took custody of the child. Neglect was another and he had been placed in DCF's care 4 other time before he was 1 and 1/2. We are relocating to South Carolina this July. What should we or can we do to try and get custody, temporary custody or if that is even possible. Again he has lived with us for a year and it would be so awful if he had to leave our home until he has a stable mother/father to live with. If anyone can please help....Thank you.

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What does his case worker say?

wtk8j said:

What does his case worker say?

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The case worker asked if we were willing to take him to SC with us and I told her of course we are and whatever we have to do let us know. She thought that we would have a problem with the bio-mom with visitation however we told the BM we are moving and she asked for us to take him with us. And again we said yes. The caseworker always talks about how the father is a dead-beat and he was told what he had to do if he wanted his son 11 months ago and he has never done anything. ie. apartment, job, consistent visitation. Also, he has NEVER lived with his father. His father was in jail when he was born. He didn't even meet him until he was 1 1/2 years old in my home. I just don't know if legally we have a leg to stand on....

ReneeCT said:

The case worker asked if we were willing to take him to SC with us and I told her of course we are and whatever we have to do let us know. She thought that we would have a problem with the bio-mom with visitation however we told the BM we are moving and she asked for us to take him with us. And again we said yes. The caseworker always talks about how the father is a dead-beat and he was told what he had to do if he wanted his son 11 months ago and he has never done anything. ie. apartment, job, consistent visitation. Also, he has NEVER lived with his father. His father was in jail when he was born. He didn't even meet him until he was 1 1/2 years old in my home. I just don't know if legally we have a leg to stand on....

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Has the worker spoke to you about the time frame that the parents have to complete any programs ,ect..... to get child back.I am not exactly sure how it would work with you being family to the child,but in normal foster home situations a parent has 12 months to complete cps case plan at that time they can and usually do a tpr. I am not saying this is fact in your case considering that mom and dad are in jail and would have trouble completing a plan and you are family to the child.
A few more questions:
Are you actually fostering the child or are you considered as a family placement?

Have you asked your worker about mom/dads caseplan and the time frame they have to complete it?

Have you aske dthe worker about permenant placement?

[/QUOTE]
Are you actually fostering the child or are you considered as a family placement?

Have you asked your worker about mom/dads caseplan and the time frame they have to complete it?

Have you aske dthe worker about permenant placement?[/QUOTE]

Yes, we are considered as reletive foster care. We also have a regular foster care license. As far as the caseplan his caseworker told me that after 12 months they are going to review the case and now they are looking to make a perminent plan for the child. Also, that giving the child back to dad most likely is not and option. She also said she is not sure if they are going to try and terminate there rights. Will that be hard for them to do if father has weekly visits? I'm not really sure what they plan to do. Does it seem like we could possbily have a chance?

Are you actually fostering the child or are you considered as a family placement?

Have you asked your worker about mom/dads caseplan and the time frame they have to complete it?

Have you aske dthe worker about permenant placement?[/QUOTE]

Yes, we are considered as reletive foster care. We also have a regular foster care license. As far as the caseplan his caseworker told me that after 12 months they are going to review the case and now they are looking to make a perminent plan for the child. Also, that giving the child back to dad most likely is not and option. She also said she is not sure if they are going to try and terminate there rights. Will that be hard for them to do if father has weekly visits? I'm not really sure what they plan to do. Does it seem like we could possbily have a chance?[/QUOTE]

Well ,I can't tell you what your chances are .My husband and myself are going through a siomular situation with his daughter(taken from mom by cps).
However I have a link to some conneticut laws on termination of parental rights maybe it will be of some help,I hope.
www.cga.ct.gov/2005/pub/chap803.htm#Sec45a-715.htm

I wish you the best of luck,cps can be very elusive at times,they are not very forthcoming with info.I will try to find some statutes on how long a child can remain in foster care in ct before tpr is done.In my state at 12 months it is automatic tpr according to our case worker,however that may not apply in your state.

Maybe a more knowledgable member will see this thread and be able to advise you more appropriatly,I know they have been a great help to me......also look into a consult with a local attorney.

Thank you so much for the help and the web-site. I just hope we don't have a long battle ahead of us just for my nephews sake. Thanks Again!

ReneeCT said:

Thank you so much for the help and the web-site. I just hope we don't have a long battle ahead of us just for my nephews sake. Thanks Again!

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Goodluck !!!!! Keep us posted!!!!!