Niece Unlawfully Permitted Entrance Back in Family

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osborneexcited
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Joined: Thu Sep 09, 2010 8:41 am

Niece Unlawfully Permitted Entrance Back in Family

Postby osborneexcited » Thu Sep 09, 2010 9:35 am

My name is John and I stay in St. Louis, Missouri. My wife name is Linda. My sister had a baby in January of 2009 and the baby was born drug exposed in the City of Saint Louis. DFS became involved immediately. We (my wife and I) was at the hospital when the child was born and expressed strong interest in the child from the onset. My sister having had another child previously whom we have also raised since he was two and we yet are raising- felt that she may not be able to comply in getting the newborn- so she named the child after me. She also at the time of the child's birth expressed strong interest in having to child be with me and my wife, especially in light of the fact that the newborn would be with her sibling. We obtained leagal guardianship through the courts of this first child who is now 8 and was seeking the same or adoption for the newborn. We visited the child in the neonatal care unit every day and continued to express interest to hospital staff. We were never able to speak directly to the social worker because it was always told to us that she was not in. My sister spoke with her on occassion and made her aware of our interest but we were never contacted. On my wifes birthday, in February, she went to visit the newborn and DFS had removed the child from the hospital and placed her in foster care. We called DFS and they set up a meeting with us, the DJO, Caseworker and others- at the Courts in Clayton, Missouri. They were very hostile and agressive. They told us that we would have to go through foster care classes which would last several months before we could be considered for placement of the newborn. They also stated that they would send us a package to help us get started. Instead of receiving a package we received a letter from the social worker stating that she would not send the package and it would be up to us to obtain license on our own. We in the meanwhile showed up for all of the court appearances only to not be allowed in or spoken to. At this point we sought out agencies to take these classes and finally after a few months or so we were set to start classes at the Childrens Division. We completed the classes and then was seeking a licensing worker to complete the process. The Childrens Division told us that we had to get a licensing worker through Missouri Alliance since the child was in Missouri Alliance. Missouri Alliance told us since we went through the classes at Childrens Division we had to get a licensing worker through them.This went on for at least another 2 or 3 months until finally I spoke with someone at Childrens Division who was willing to get more involved by sending a email to Missouri Alliance and stating protocol- this email was also forwarded to me. At this point there had been a turnover in several social workers for the newborn- and the child was now approaching 1 years old. Because of the treatment we received we also at this point hired an attorney which we could not afford. We were finally able to get into the court room after 1 year of trying to get custody of my niece. In court DFS, made it out as though we had been sitting on our hands for the full time. And the result was that if we did not comply with all the things that was being asked of us before 03/31/2010- we would not be considered. In the meanwhile my neice has grown an illicit attachment to her holder. We were now being asked to provide, more criminal background checks, medical examinations for my wife and I and our child, school statements, tax statements, tb tests and a list of other items and we were told we had to go back to schooling. Only this time is we had half hearted cooperation from DFS. We were able to accomplish these things in less time than given. We upgraded our home from a 2 to three bedroom to accomodate my niece. We provided references from schools, churches, and individuals of high standing in the community. Our records came back clean and the licensing worker for our home gave high recommendations on the home. We upgraded our home to a new townhouse very close to all community resources. We were within one mile of the childrens hospital where my niece would need to see the doctor and therapists, we were within one mile of the firestation and the police station. We complied with everything that was asked of us. The court date for my niece was not set way out and was recently attended by myself, my wife and my attorney. The court date was August 19th. In the courtroom the suggestion was made by DFS that the state continue custody, no reason or mention of us. My attorney addressed the court and continued to express our interest in the child and also stated that he had not been given any notices of what was taking place (esentially I had to inform him of everything). The judge basically told him that he was going to follow the recommendations of the DFS and that if he (my attorney) wanted to advance the interest of his (my attorney) clients (us)- that he would have to work that out with the DFS and that he always had the option to file a direct petition for custody. So esentially, we were simply ignored at this point and not given any rhyme or reason why my niece was not allowed to be in her family and among her blood sibling. Here we are today, another court date set for 6 months, we are out of money on home upgrades, and over 3000.00 dollars in attorney costs, have been denied visitation- and it appears that the judge and DFS all feel that this is okay.
Well before I breakdown, I want to say, I am deeply, deeply saddened and my spirit struggles for strengh. We are at a point that we do not have the finances to continue with an attorney and at a point where we are not ready to let go. Anyone reading this post, if there are any answers for us, please let us know. Please respond directly to [email protected]

Marina
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Re: Niece Unlawfully Permitted Entrance Back in Family

Postby Marina » Thu Sep 09, 2010 5:46 pm

.
File a custody petition directly with the juvenile court. Call the Clerk of the Court and ask where to get the form, where to file it, and what the fee is. Here it was $25 a couple of years ago. If it is denied, file an appeal within the time limit to the higher court. This may be around $70.

These custody/guardianship hearings are done all the time. I am surprised that your attorney didn't file one for you. That is ridiculous.

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LindaJM
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Re: Niece Unlawfully Permitted Entrance Back in Family

Postby LindaJM » Thu Sep 09, 2010 7:04 pm


If the judge is saying this is up to DFS and not actually ruling against you, you can also file for a state administrative hearing to tell an administrative law judge from the state department of social services that your kinship care rights have been violated.

1. file for the hearing with the state department of social services - don't bother asking the caseworker about it - the state will notify her soon enough
2. read the kinship care regulations for your state department of social services
3. make a list of all violated regulations
4. write your legal declaration about all the ways your caseworkers violated state social service regulations
5. you don't need an attorney to represent you at the hearing

I'm not saying don't file in juvenile court as Marina suggested. Try both. Perhaps something will force them to loosen their grip on your niece. You are to be commended for hanging in there and doing so much to become parents to this child.

I would also make a personal appearance with your legal declaration in hand to see each of your state legislators and your county supervisor. All these people are capable of making things change, if only they will.
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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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