CASELAWS WHEN CPS DOES NOT TURN CHILDREN OVER TO RELATIVES

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Dazeemay
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CASELAWS WHEN CPS DOES NOT TURN CHILDREN OVER TO RELATIVES

Postby Dazeemay » Mon May 29, 2006 6:42 pm

http://avenue.org/tjach/documents/Right ... _Sheet.doc

Lipscomb v. Simmons, 884 F.2d 1242 (9th Cir. 1989).

Foster care children brought suit against the State of Oregon for its failure to provide funds to foster parents who were relatives. Both parties stipulated to the fact that this denial of foster care benefits to relatives has forced some relatives to relinquish custody, and thus, the children have been placed with unrelated foster parents who receive these funds. The Court found that the State’s actions were a violation of the equal protection clause. In a footnote discussing the importance of family, the court cited the Universal Declaration of Human Rights, the International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights, and the American Convention on Human Rights–all of which seek to protect the family unit.
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This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Postby Dazeemay » Mon May 29, 2006 7:53 pm

http://lawprofessors.typepad.com/family ... index.html

March 21, 2006
Case Law Development: Familial Preference in Child Protection Placements
The Nevada Supreme Court granted a writ of mandamus to review a tragic case involving a child's placement upon removal from her Mother for abuse and neglect. The court had placed the child with a foster family, rather than with the child's grandmother, without affording grandmother an opportunity to be heard on the matter. This necessitated Grandmother's filing a separate guardianship proceeding, which the district court then denied because the child had already bonded with the foster family.

The Nevada Supreme Court found that the court had erred in denying the guardianship petition because "the district court failed to ensure that [Grandmother] was involved in and notified of any plan for [Child's] temporary or permanent placement before the petition was filed and thereafter failed to give [Grandmother] the benefit of the familial preference for placement." Examining United States Supreme Court cases and precedent from other states regarding the relative rights of foster parents and family members, the court concluded that "in denying [Grandmother's] visitation petition, the district court gave improper weight to the foster parents' wishes when determining [the child's] best interest."

Matter of Guardianship of N.S., 122 Nev. Adv. Rep. 27, 2006 Nev. LEXIS 31 (March 16, 2006)
Opinion on the web (last visited March 21, 2006 bgf)

March 21, 2006 in Termination of Parental Rights | Permalink | Comments (0) | TrackBack
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Luckylou
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Re: CASELAWS WHEN CPS DOES NOT TURN CHILDREN OVER TO RELATIV

Postby Luckylou » Mon Jan 12, 2015 11:52 pm

Looking for advice, I have two grandparents who have been seeking guardianship of their grandchild that was taken from the parents. The Grandmothers immediately filed for placement, went through the home inspection, fingerprinted and was approved by one cps worker.. The parents signed guardianship papers for the grandmothers including noticing cps of their wishes. 1 month into the placement with cps the infant was placed with an unknown foster parent, and a new social worker was assigned. During the very first visit with the grandmothers, the foster parent informs the grandparents that she is planning to adopt and she would consider letting the grandmothers have visitation with the infant including letting them attend the infants first birthday which was several months away. cps was never intending on reunification with the parents and clearly never intended on granting placement with the grandmothers. The grandmothers completed all the paperwork, work shops, classes including and not limited to fingerprinting within the first 2 weeks of the infant being taken, and cps came back almost 5 months later with a deniel of the grandmothers petition. I am currently filing for a state administrative hearing, a notice of intent to sue and drafting a complaint for federal court.. Does anyone have any suggestions, there is a hearing in the morning regarding cps terminating services towards the parents and according to the foster parent she has already submitted paperwork to her attorney to adopt the infant. Is there something that I am missing, I can't let these grandmothers down and they are not financially able to retain an attorney.

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LindaJM
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Re: CASELAWS WHEN CPS DOES NOT TURN CHILDREN OVER TO RELATIV

Postby LindaJM » Sat Jan 17, 2015 12:56 am

If they can't get an attorney, the administrative hearing could help. File with the state office of social services.

This case seemed to move too quickly. I don't know why the parental rights were terminated so quickly. It does seem wrong that the foster parent already believes she will get to adopt.

If she's willing to have an open adoption for the grandparents to visit, that's a good opportunity, but it is not legally enforceable. It would depend on the continued good relationship of the grandparents with the adoptive parents. You might not want to do anything to risk that.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


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