Phoenix Aunt needs your advice

For those concerned about children and parents in CPS cases.

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iloverylan
Posts: 1
Joined: Tue Feb 14, 2012 9:54 am

Phoenix Aunt needs your advice

Postby iloverylan » Wed Feb 15, 2012 7:25 pm

I need any advice or guidance I can get right now. I offered to adopt my brother's child back when the pregnancy was discovered. The girlfriend declined. After my brother was arrested two months later, she began to talk about adoption. Three weeks before her due date, she contacted me by phone and I agreed to adopt the baby. I was unable to secure any kind of documentation stating the wishes of my brother or the child's mother.

I had no idea what a mess that would become. On what she claimed was her due date, I was unable to contact her. On a hunch, I called local hospitals and found her. I was present for my nephew's birth and cared for him during his four days in the hospital. This is when I discovered that she had lied about receiving prenatal care and that she had tested positive for drugs. The baby tested positive as well, so he was taken into CPS custody as soon as he was discharged from the hospital.

I am awaiting a DNA test, but I don't know how long that will take. I was told by multiple sources that CPS tries to keep children with relatives. Do I still need to be certified? Should I hire a lawyer? Is there a way to expedite the DNA test? I have so many questions and very few answers. I love this child as if he were already one of my own. I developed a bond with him over the first four days of his life and both of his parents are willing to let me adopt him. Why is this such a struggle??!

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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: Phoenix Aunt needs your advice

Postby Daruma » Wed Feb 15, 2012 10:15 pm

How long ago did they take the baby into custody? If this just happened a few days ago, then they may not have ruled you out yet. The CPS system can be maddeningly slow at times.

Children are entitled to go to kin rather than being fostered with strangers. However, some caseworkers take the attitude that the apple doesn't fall far from the tree. They assume that if the mom has problems, then so does the entire extended family. If it's already been several weeks, then that may indeed be the reason for the delay. If that's the case, then I definitely urge you to get a lawyer if you can possibly afford one.

If this 2007 report is still current, Arizonans who foster their own relatives don't have to be licensed as foster parents, although there are financial benefits for getting licensed. See https://www.azdes.gov/InternetFiles/Reports/pdf/kinship_foster_care_report_2007.pdf. You will need a criminal background check, though. They will arrange that for you if they decide to let your niece come home to you.
These are my personal opinions only. They are not legal, medical, or financial advice.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Phoenix Aunt needs your advice

Postby Eljay » Thu Feb 16, 2012 10:48 am

Same question, sort of... when is the next court hearing? Ideally, you would go to a CPS office and get a fingerprint/background check done, then accompany your brother & un-SIL to their next hearing where they would be able to tell the courts that you will take custody of the child.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Phoenix Aunt needs your advice

Postby Eljay » Thu Feb 16, 2012 10:50 am

Also, please note that your brother/un-SIL should make sure this is a VOLUNTARY adoption... if this is pushed through the courts as involuntary, they will/may take all future children from them. Clearly the girl has issues, but if she cleans up and straightens out her life, 10 years down the road it could be a horrible situation if they take any future children.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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