IN CPS legal question

[Hannagram]

My grandaughter is about to be removed from her parents` custody and I want her to come stay with me until they get straightened out and can be parents again. (They have issues with drugs) I was just told by CPS that she cannot be placed into a home where any resident has ever been arrested. I had a DUI 5 years ago and they are discounting me as a possible placement.
I am GOBSTOPPED! Can this possibly be true? I can`t imagine placing her with strangers where her whole world will be upturned, changing schools, etc.
I am the child care provider for 3 other grandchildren while a different daughter works, perfectly legal. Yet they`re saying I`m unfit to care for THIS child? I paid my debt to society and have had no further scrapes with the law in 5 years.

ETA: I live in Indiana. Is this a law in other states as well? Or is it not a law at all, but a CPS guideline? Can I fight it?

[MaggieC]

You might want to look into hiring your own attorney. I believe, in Indiana, that rovided the parents of the child are not in an intact marriage, you may be able to gain standing as a grandparent.

The AARP used to have some guidelines regarding same.

And yes, they will use anything they can against you.

[Hannagram]

Well crap. The parents of this child are married. I thought that was a GOOD thing, that the child didn`t also come from a broken home. Her parents are all for me stepping in temporarily, it`s CPS telling me no, thus breaking up the family.

[perfectly_flawed]

If she hasn't already been removed, the parents MAY be able to give you temporary or emergency custody. Check with a lawyer to find out if that's an option in your state. It's saved many kids that I know of from going into the system.

[MaggieC]

"perfectly" has a point.

I would still, if I were you, look into hiring your own attorney. Again, check with the AARP -also, many attorneys give free consults. Also, try grandplace.org. They are much more up on the current grandparent laws than I am.

Hang in there.

[treytrey1]

In our case my husbands brother has a record and my daughter was still placed in the home with his mother and cps knowing
the brother lived there.

[monkette31]

My two daughters were placed with a friend of mine, who also was arrested many many times! CPS/DCFS wanted them placed there and called it kinship care, based on the fact we called her a "godmother". The so called godmother had to go and get a lot of forms from Los Angeles county that said all her cases were cleared up and fax, show them to the DCFS investigating homes department first. All her arrests were prior to 1974 also. I would try and establish a rapport with the DCFS worker, that'll give you a better chance as well, if they agree to the placement, then that would be the key.

For anyone else out there, another way is to have your child baptized to show that the person you want them to live with while this is all going on is "kinship" and at least out here, in Los Angeles county, San fernando valley, they can be placed with "godparents" if everyone agrees because it falls under the "kinship" deal. I think, although not sure, this is also a way for the county to keep receiving the federal funds.

[LindaJM]

Read the Social Service regulations for your state, especially the parts concerning Kinship Care. If the social workers are not following their own regulations you may have grounds for a state administrative hearing.

You can read the regulations at your county law library, most likely.

If you want to file for a hearing, do NOT tell the caseworker (who will probably tell you that you can't.) Instead go straight to the State Dept. of Social Services and ask for the hearing department to file your complaint.

To prepare for the hearing, type a statement and attach all your documentary evidence. However don't be surprised if the county hearings dept offers a settlement before the hearing. That often happens.

I have never heard of any state that put it into their regulations that a prior arrest or conviction prevented a relative from having Kinship Care rights.