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Fostermom wan'ts to adopt

  • Thread starter Thread starter LColeBly
  • Start date Start date

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L

LColeBly

Guest
My question concerns the Adoption and Safe Families Act signed into federal law in 1997. The state of Pennsylvania (the state I'm going to court in) has adopted the federal law and has taken steps to insure it is impimented. The law states that based on time alone parental rights can and should be terminated. My foster son has been with me since he was 3 weeks old, he is now two and a half. I am the only mother he has ever known. Why has'nt the judge terminated rights? Why doesn't he have to follow the laws? Anyone with a simular situation or advice or knowledge please reply!!

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I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LColeBly:
My question concerns the Adoption and Safe Families Act signed into federal law in 1997. The state of Pennsylvania (the state I'm going to court in) has adopted the federal law and has taken steps to insure it is impimented. The law states that based on time alone parental rights can and should be terminated. My foster son has been with me since he was 3 weeks old, he is now two and a half. I am the only mother he has ever known. Why has'nt the judge terminated rights? Why doesn't he have to follow the laws? Anyone with a simular situation or advice or knowledge please reply!!

<HR></BLOCKQUOTE>

My response:

Have you read the entire Act? Do you, and the baby, meet ALL the criteria for permanent placement with / adoption by you? What was the situation with the baby and the parents when the baby was first given to you for care? Let me know, and I'll try to help.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
L

LColeBly

Guest
First, thank you for responding. Yes I have read the entire law although it sometimes gets confusing. The child had been removed from the home for neglect and medical neglect. His bio-mother is now 17years old. She has since had another child which was also removed from her care and placed in foster care. My foster son's child advocate attorny thinks it would be in his best interest to remain with me as well as the foser-care agency contracted by D.H.S. My problem lies with his D.H.S. caseworker. I believe she has a serious conflict of intrest. She had been bio-mom's caseworker for years and is well aware of her unstable lifestyle. The caseworker in the recent past has had conversations with the contracted agency as to her doughts of bio's capabilities. However she remains steadfast that he should go to live with the woman bio currently lives with. (No blood relation) This woman threw out bio-mom and her new son 5months ago causing the placement of the second child. This woman also has deminstrated she is not responsible nor commited. However she has taken bio-mom back into her home. Only the last two months has bio-mom come fairly consistantly to visits. The baby's attorney has requested a bonding study be done he feels the will help. The D.H.S. caseworkers reply to this was to give Bio-mom unsupervised day visits and a few overnights.(Easter) Unsupervised visits were clearly not earned. ANY HELP would be great!

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L

LColeBly

Guest
I am currantly going through the process of a home study and other approval for another child which I am told would clear the way and could be used in this case.

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I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LColeBly:
First, thank you for responding. Yes I have read the entire law although it sometimes gets confusing. The child had been removed from the home for neglect and medical neglect. His bio-mother is now 17years old. She has since had another child which was also removed from her care and placed in foster care. My foster son's child advocate attorny thinks it would be in his best interest to remain with me as well as the foser-care agency contracted by D.H.S. My problem lies with his D.H.S. caseworker. I believe she has a serious conflict of intrest. She had been bio-mom's caseworker for years and is well aware of her unstable lifestyle. The caseworker in the recent past has had conversations with the contracted agency as to her doughts of bio's capabilities. However she remains steadfast that he should go to live with the woman bio currently lives with. (No blood relation) This woman threw out bio-mom and her new son 5months ago causing the placement of the second child. This woman also has deminstrated she is not responsible nor commited. However she has taken bio-mom back into her home. Only the last two months has bio-mom come fairly consistantly to visits. The baby's attorney has requested a bonding study be done he feels the will help. The D.H.S. caseworkers reply to this was to give Bio-mom unsupervised day visits and a few overnights.(Easter) Unsupervised visits were clearly not earned. ANY HELP would be great!

<HR></BLOCKQUOTE>

My response:

Okay. If you and the baby's attorney agree that you meet all of the criteria under the Act, then don't wait for the court to act on it's own. You take that attorney by the throat, and tell him - - "get off your ass and file a Petition with the court right now, or I'm getting my own attorney to do it." You sound like a very loving person; someone a baby should have in order to have at least a "chance" in this world. When you petition the court, use the information you've told us here, and get a hearing date on this matter.

Good luck to you - and baby.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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