Granddaughter being adopted out to foster parents?

[ourcupoftea]

About 16 months ago my daughter Charity abused her daughter Hallie. Charity called me early one morning to say if I wanted to see Hallie alive again, I had better come get her. Charity stated that she had just picked Hallie up by the hair of her head and thrown Hallie against the wall in her apartment. Therefore, I woke Barbara and sent her to get Hallie when Barbara returned with Hallie the baby was saying owe and was visibly bruising up between her eyes down her chest.
Barbara and I thought it best to take her to the Emergency room. We did that and social services took her and put her in foster care. They have consistently told us that we would get Hallie back in our custody since her mother Charity was not cooperating with the court in getting off drugs and staying in therapy for her problems. Barbara and I were told by social services that we had passed all the requirements fingerprints, background checks, and home studies all passed. They told us to get a double bed to put in My daughter Tea’s room so Hallie could share with Tea. We needed to get a dresser, Have fire alarms installed, and to practice a fire escape plan with Tea and Jarid. We did all that they asked us to do. Her holiday gifts are on the mantle in our living room along with the other children’s gifts, we were so sure she would be here with us.
Thursday I went to court fully expecting to bring Hallie home with us. They blind sided us told us Hallie is being adopted by the foster family and we will never see her again.

We were totally shocked and went strait to an attorneys office.

Pamela Duga

[RKeyser]

ourcupoftea
OMGOSH!! First off, they can't do that, you should get a copy of your states placement guided lines, and show them that they have violated your rights as the child's immediate family member. Also, did you have a write up from cps as to what you needed to? If so show them and show where you abided by what they wanted.Tape all meetings with any and all case works. If for some reason your daughter signed away her rights then I am not show what you can do but I hope this helps a little. God bless you and we will pray for your grandchild's safe return.

[Gary Shaw]

What did the Judge say or rule in Court on Thursday?

[Frustrated]

This happens to many several other Families, where they were promised that they would be returned to a Relative, but not to only have been tricked into it, and have the Foster Family adopt the Children. I think the only reason is that the Children costs more, and it gives money to them rather giving the child returned to you and there is no money into their pockets.

Many Parents went through this, and I have heard a couple of kids whose were promised to have them returned, but the Foster Family are adopting them instead. You are not the only one, and I know for the fact that CPS are doing this to make money off of the Children and get them adopted. They always trick Parents or Relatives into many things, and would twist and turn, and make things worse for the Families, just because the other side wants to adopt them. There are so many Foster Families wanting to adopt Children right out of the Birth Parents or Relatives.

It is indeed sad, but true and it is happening across the Country.

What you need to do is to appeal the decision, and show all the documents/paperworks that you have completed what CPS tells of you. Show them in Court. Show all the Evidence and if you have a promise on paper from CPS, you need to show that Evidence. Keep on pressing the Attorney to get her back. Even if it costs an arm or leg. She is the only one that would know who her real family truly are. Once she gets adopted, then she won't know who she is and who her ancestors are.

[SilverFox]

I'm sorry but I have to disagree, an appeals court will not send this case back to trial because the grandparents have no custody rights. You are the victim of your daughter's abuse of her child, just as your daughter is the victim. Your daughter hurt her child, and you did the right thing taking her to the hospital. The staff at the hospital is required to report child abuse. CPS took the child into their custody and placed her in a foster home.

You and your daughter are the victims. CPS might have asked if you called the police when your daughter made her threat on the phone. There is no grounds for an appeal in this case, IMHO.

[Dazeemay]

I'm sorry but I have to disagree, an appeals court will not send this case back to trial because the grandparents have no custody rights

Silverfox, grandparents do have custody rights.

http://naic.acf.hhs.gov/general/legal/s ... cement.cfm

They are too consider the grandparents in order to get funding.

http://www.seniorlawcenter.org/legalissues/li03.shtml

Did the mother give up her rights? If she didn't you can fight this.

[Dazeemay]

http://www.moga.mo.gov/statutesearch/Default.aspx

This link is to your state laws for grandparents.

Hope this helps.

[good dad]

You need to have your lawyer file a "Motion of Intervention" immediatly with the court, getting a court date.

At this Intervention hearing you will inform the court that you want to be a party to the matter and you will get a chance to be heard.

[SilverFox]

Yes, grandparents have rights. The poster states that this all started 16 months ago. Then they went to court and were blindsided. There appears to have been a trial after 16 months. It appears from the information given that the parent's rights were terminated. The child is being adopted by the foster family. The grandparents in this scenario probably missed every single statutory filing date for the type of appeals that persons are advising them to make. There is nothing a grandparent can do after termination of parental rights except to appeal the district court's decision to a higher court. I'm pointing out that they should have done the things they should have done during the 16 months. I believe they will find that the rules of civil procedure in their state will prove to them that they should have acted sooner. An appeal court will not overturn a judge or jury's decision if the appellant did not follow the rules to timely file motions and pleadings. The only person who can appeal the decision is the mother in this case.

Or the grandparents can file a petition for writ of mandamus with the appeals court or a federal court.

[Dazeemay]

Silverfox thanks for enlightening me in regards to this. I see what you are saying and it has helped me understand the law a little better.

1. I have read that both parents rights must be terminated in the case of non-relative adoption. If this is the case and cps did not seek out the father of the child then I would think they would have a chance at an appeal if only the mothers rights were terminated.

2. The poster, ourcupoftea, did not state that the parents' rights were terminated, she only stated the parent, her daughter, was not cooperating, but did not state her rights were terminated. That is the way I read her post. So if the rights were not terminated and only the poster can tell us that, they can still fight it if they get their ducks in a row now.

3. What I see as a trial was actually a hearing. We all know how long it takes for them to even give you your adjudication hearing. Our adjudication took 8.5 months. So I was not reading it as a trial. Again only the poster can tell us that.

[SilverFox]

Dazeemay, thanks for your insight. I read into the fact that 16 months passed from the time the daughter was abused by the mother until the time the grandparents got the news that this meant that because CPS would have obtained Temporary Managing Conservatorship immediately upon taking the child from the hospital 16 months ago, that the stautory time has passed and that CPS had to go to trial to terminate the rights of the parents in this case, or else the judge would have to by law dismiss the case.

In Texas, from the moment CPS is granted Temporary Managaing Conservatorship, the clock starts ticking, and by law CPS has to go to trial to terminate, or ask for a 6 month extension, or the judge must dismiss the case. After the 6 month extension, the same is true.

There are only 4 final orders after a trial:
1. Termination of parental rights.
2. CPS is granted Managing Conservatorship.
3. A relative is granted Managing Conservatorship.
4. The child is returned to the parent's with full rights and no restrictions. The parent is found Not Guilty by a jury, or in a bench trial, the Judge dismisses the lawsuit.

[ourcupoftea]

I did file a "Motion of Intervention" 16 months ago and they have it.

“did your daughter give up her parental rights?” No she did not she seems to think she can get custody back threw the State of Florida. Because she cannot appear in court here in person, she has 2 arrest warrants in Missouri for Possession of drugs and assaulting a police officer.

I hope you have a good family law lawyer. I do now that is who will receive this petition: http://www.thepetitionsite.com/takeaction/809968649.

” I can't believe that they didn't give her to you” Yes, I am her grandmother. All States seem to be different in the state of Georgia. When I adopted Tea 6 years ago CPS gave me custody and helped me in the adoption process. I expected the same from the State of Missouri but that does not seem to be the case here.

Thank You Silver Fox for the web links I will search them for anything I can find to help us.

[MNNaNa]

Cup:

I KNOW what you are going thru as I am the gramma of my daughters children who we had with us for family foster care and then she got them back only to become homeless and (nontheless ANGRY at us) so she placed then in "respite care" and that is when the EVIL and I do mean EVIL Guardian Ad Litum began her dirty work and took the kids from us permanently.

However, I WILL NOT ever give up on those kids that are my flesh and blood, NEVER EVER. If you wish to Pm me I can tell you a thing or 2 and guide you.

In our case my daughter was not abusive just stupid and picked a druggy daddy for her kids. She has not done drugs and she has not done anything for those in CPS to have taken the kids from this fine family. (except to live with a Loser ( in my book))