Lost in a system!!

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kitx
Posts: 1
Joined: Fri Jan 13, 2017 2:05 pm

Lost in a system!!

Postby kitx » Sun Jan 22, 2017 7:37 am

Hi
Am Amanda R Johnson and I own Teen Out Reach Services In Mesa AZ, and I have been taking care of my 3 nieces for almost 3 years well there father wanted to take them to met the grandpa in Wyoming over summer break in there way through Utah he was pulled over and arrested and The girls where taken and CAPS in Utah still has them yesterday my sister's rights where taken away and they said I can't have them. What is going on please someone help us we don't have any family or friends in Utah we live in AS what do I do.
Thank u

Jessie's Aunt
Posts: 20
Joined: Tue Mar 13, 2007 11:57 am
Location: South Puget Sound

Re: Lost in a system!!

Postby Jessie's Aunt » Mon Jan 23, 2017 11:09 am

I hate to come here without something positive to say, but I seem to be the only one around and your question deserves an answer. I am not a lawyer and my understanding of the child protection laws comes mostly from my adopted daughter's case and this excellent forum. What I think I know of TPR laws (Termination of Parental Rights) leads me to conclude that your legal rights with regard to the children ended when your sister's rights were terminated, whether she surrendered through relinquishment or by order of the court. The State of Utah no longer has a responsibility to recognize your kinship rights.

However, if the children were also legally separated from their birthfather, you could petition to adopt the children. You might be given preference in adoption decisions because you have a strong prior relationship with the children. You would have to pass a background check (and your business probably already required that) and a home inspection. It probably won't be possible to get approval to foster them (are you approved for that?) without an ICPC Agreement between your state and the state of Utah. I recommend you hire an attorney in the community where the children's case is being heard.

We got involved early when our great-niece was taken by CPS in a distant state. We hired an attorney there to represent the baby and he was the best decision we made. As her Guardian ad Litum, he had complete access to the court and was consulted on every decision made. All totalled, it cost us about $20,000, including the adoption -- which I'm told is comparable to any private adoption.
Jessie's Aunt
Adopted my sister's grandchild, 2004.

User avatar
KDus
Posts: 161
Joined: Sun Nov 21, 2010 8:00 pm
Location: Kansas City

Re: Lost in a system!!

Postby KDus » Tue Jan 24, 2017 2:46 pm

You had several options in the beginning but some may be gone now. There may be room for an appeal, of some sort, if Utah made an error in procedure.
Relative placement, guardianship, adoption.
The relevant relationships (legally) were bio mom and bio-dad. Utah should have considered you for relative placement, from the beginning.
If you had power of attorney or any guardianship in AZ, that should have been automatic.
Guardianship may still be an option. Not sure.
You would have to explain why the case wasn't moved to one of the parent's home counties; may not be too late for that. You didn't say what became of the father.
Utah isn't known for oppressive CPS and they have plenty of local kids to take away.
I've lived in Utah 3 times and heard of an investigation. Not like CA where virtually everyone I knew was investigated at some point.

I agree with the previous post. You should get legal representation immediately.

I am not a lawyer and this is not legal advice.


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