Grandparents visiting rights??

For those concerned about children and parents in CPS cases.

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abhd11
Posts: 16
Joined: Wed Oct 31, 2012 7:58 am

Grandparents visiting rights??

Postby abhd11 » Sat Nov 03, 2012 12:22 pm

Any advice for how grandparents can be granted visiting rights when a child is placed in a foster home?? Or be given the child as they are 70's but very active still drive no issues with a lifescan and this is in California.

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

Re: Grandparents visiting rights??

Postby Eljay » Sat Nov 03, 2012 1:13 pm

This is the CA code on placing with relatives, which is supposed to be CPS's first priority (over foster care):


Relative Placement for Foster Care and Guardianship
Citation: Welf. & Inst. Code §§ 361.3; 309(e)
In any case in which a child is removed from the physical custody of his or her parents pursuant to § 361, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative.
For purposes of this section:

'Preferential consideration' means that the relative seeking placement shall be the first placement to be considered and investigated.
'Relative' means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words 'great,' 'great-great,' or 'grand,' or the spouse of any of these persons even if the marriage was terminated by death or dissolution. However, only the following relatives shall be given preferential consideration for the placement of the child: an adult who is a grandparent, aunt, uncle, or sibling.
If the child is removed from home, the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other adult relatives of the child, including any other adult relatives suggested by the parents. The social worker shall provide to all adult relatives who are located, except when that relative's history of family or domestic violence makes notification inappropriate, the following information:

That the child has been removed from his or her home
An explanation of the various options to participate in the care and placement of the child and support for the child's family, including any options that may be lost by failing to respond
The social worker shall use due diligence in investigating the names and locations of the relatives, including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the child's best interests.

Requirements for Placement with Relatives
Citation: Welf. & Inst. Code §§ 361.3; 309(d)
In determining whether placement with a relative is appropriate, the county social worker and court shall consider the following factors:

The best interests of the child, including special physical, psychological, educational, medical, or emotional needs
The wishes of the parent, relative, and child, if appropriate
Placement of siblings and half-siblings in the same home, if that placement is found to be in the best interests of each of the children
The good moral character of the relative and any other adult living in the home, including whether any individual residing in the home has a prior history of violent criminal acts or has been responsible for acts of child abuse or neglect
The nature and duration of the relationship between the child and the relative and the relative's desire to care for and provide legal permanency for the child if reunification is unsuccessful
For a relative to be considered appropriate to receive placement of a child, the relative's home shall first be approved pursuant to the process and standards described in § 309(d). An assessment of the relative's suitability shall include:

An in-home inspection to assess the safety of the home and the ability of the relative to care for the child's needs
The results of a criminal records check
A check of allegations of prior child abuse or neglect concerning the relative and other adults in the home
If the criminal records check indicates that the person has been convicted of a crime for which an exemption cannot be granted, the child shall not be placed in the home. If the criminal records check indicates that the person has been convicted of a crime for which an exemption may be granted, the child shall not be placed in the home unless an exemption has been granted by the county based on substantial and convincing evidence to support a reasonable belief that the person with the conviction is of good character and does not present a risk of harm to the child.

Relatives Who May Adopt
Citation: Fam. Code § 8714.5

It is the intent of the legislature to expedite legal permanency for children who cannot return to their parents and to remove barriers to adoption by relatives of children who are already in the dependency system or who are at risk of entering the dependency system.

A relative desiring to adopt a child may, for that purpose, file a petition in the county in which the petitioner resides. For purposes of this section, 'relative' means an adult who is related to the child or the child's half-sibling by blood or affinity, including all relatives whose status is preceded by the words 'step,' 'great,' 'great-great,' or 'grand,' or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.

Requirements for Adoption by Relatives
Citation: Fam. Code §§ 8730; 8732
If the prospective adoptive parent of a child is a foster parent with whom the child has lived for a minimum of 6 months or a relative caregiver who has had an ongoing and significant relationship with the child, an assessment or home study of the prospective adoptive parent may require only the following:

A criminal records check
A determination that the adoptive parent has sufficient financial stability to support the child and ensure that any adoption assistance program payment or other government assistance to which the child is entitled is used exclusively to meet the child's needs
A determination that the adoptive parent has not abused or neglected the child while the child has been in his or her care and will likely not abuse or neglect the child in the future
A determination that the adoptive parent can address racial and cultural issues that may affect the child's well-being
Interviews with the relative caregiver or foster parent, each individual residing in the home, and the child to be adopted
A report of a medical examination of the foster parent or the relative caregiver shall be included in the assessment of each applicant unless the department or licensed adoption agency determines that, based on other available information, this report is unnecessary. The assessment shall require certification that the applicant and each adult residing in the applicant's home have received a test for communicable tuberculosis.
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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glg2001
Posts: 18
Joined: Fri Feb 22, 2013 9:47 am

Re: Grandparents visiting rights??

Postby glg2001 » Mon Feb 25, 2013 9:59 am

Indiana has the same thing.But they didn't give me notice.And they don't give preference to grandparents.although they are supposed to.

pink
Posts: 15
Joined: Thu Oct 04, 2012 3:58 pm

Re: Grandparents visiting rights??

Postby pink » Thu Mar 07, 2013 12:01 pm

eljay,what about this law in Arizona...The adoption process is at the end of the process,,? thanks..

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

Re: Grandparents visiting rights??

Postby Eljay » Thu Mar 07, 2013 3:33 pm

pink wrote:eljay,what about this law in Arizona...The adoption process is at the end of the process,,? thanks..


Read through this thread below and I think you'll find the answers... I know we posted a lot to try to get her grandparental rights established/restored. Although she never did apply because she didn't want to rock the boat, you're in a little different situation and can rock it all you want. :)

viewtopic.php?f=2&t=12225
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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----


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