Is it legal to adopt an abused child out of an abusive home?

Question

My friend is in a situation where she is abused by her parents. I need to help but I don't know how. She doesn't want to have to hassle with the police, and I'm really worried about her. She has enough evidence to take them to court, and I think they could be sent to prison. If I adopted her,is it legal?

Answer 1

I'm sorry, I don't think it works that way...unfortunately.

I think she needs to call DHS/CPS as soon as possible so they can get her out of the situation. In the meantime, you can start the process of being approved to adopt if you want to. That's the best I can think of. It's too bad it isn't easier. Good luck to you, and especially to her. My heart just breaks about things like this. I hope that she can get out one way or another.

edit--if this is an emergency and her life is in danger or she is being abused as we speak, don't hesitate--call 911

Answer 2

the only legal way to do it is through the police & child protection

Answer 3

only if her parents agree or their parental rights are terminated knowing that there is good home looking to adopt may make that process easier laws vary by state

Answer 4

You would have to be of legal age and have the ability to pay the bills to be a legal guardian.  But you should go through proper channels like what c. coen said.

Answer 5

You can only adopt a child that is legally available to be adopted.  In this case it doesn't sound like the child is. You should contact CPS, they don't always remove the child, they can and will help the family to heal so that the child can remain with the family. With training and services this family might be able to stay together and improve the family, not just have the child removed.

However, without intervention then the family will just stay in the same patten or abusing the children.

Answer 6

It would be illegal but I am sure it would have to go thru the foster care system as it takes many months or a year for adoption to be final. To get them taken to court the police would have to be involved before they went to prison.  And you need to be adoption certified and most states have age requirements such as in wisconsin you must be 15 years older than the child you adopt.

Answer 7

You would frist have to turn it in to the Child protection office. if its really bad wear your scared she might get killed and she has marks on her then you should get ahold of the police asap and if they think it is important they will get ahold of someone.theres a child protection off hour numbers in the phone book also.

Answer 8

She has to be taken from them and placed in foser care then family and friends can adopt her. They have to get the police involved to have this happen it is the only way

Answer 9

It isn't as cut and dry as that. Check social services. In Canada, the child could be placed in your care through foster care and you would be paid a minimal amount to keep the child.  Good luck. Your friend needs out of there know. Also, it is your legal obligation to report child abuse or you could be charged as an accessory.

Answer 10

It is according how old you are and what your liviing situation is like.  However, this child should either go to the police or an agency that helps abusive situations.  Try anything, but first of all get her out of there.  Are you sure of your facts.

If you are You go to the police, or a lawyer, who will give you one meeting free, and ask advice.  Do it straight away.  How are you going to feel if something happens to her.  You are her friend, and it sounds as if she is afraid of her parents.

Whether afraid or not, if you are sure of your facts, get her out of there and take her to some agency or the police.

Look up on the net in your area, child abuse and see what you can come up with.  How old are you and how old is she?

post an edit on your message.   Wouldn't it be better for her to "hassle" with the police than something serious happen?

No question, get help immediately.

Answer 11

If you really want to help you need to report the abuse immediately she should not be in this situation at all for her safety

Answer 12

First of all if this is a true emergency you need to call the Child Abuse Hotline in your state and file a report.  They are confidential so no need to worry about that piece.  They have the responsibility to ensure the safety of the children that are REPORTED to them.  It is up to the CHild Servies Investigator to determine if their is enough evidence of abuse and neglect.  If there is then they do go to court and the state can take temp guardianship and place her in a foster home.  She cannot be adopted unless she is freed for adoption, and that would be doubtful at this point.  SO for you to help your firend you can make the call.....  Then you can work towards fostering her if the State sees fit.  You would need to get a Home Study completed and can do this through the State or a Private Agency.  I am going to guess that you are too young to do this so you would need to talk to your parents.  Good luck and make that call if yo ureally feel she is at risk.

Answer 13

You need to talk to someone who will care!!!!!!!!!

That is the problem in today's throwaway society........

More power to you for wanting to help........

I wish I knew the right places to send you to.....

Find a FEMALE family attorney.........

go to every one in the phone book.........

first consultation is free!!!

Someone is bound to have a HEART!!!

or I sure hope so!!!!

I am logging off of this subject, because it is too depressing!

This question did it for me!

I HOPE, you can do what it is you want to do.......

and Thank God, people like you are out there!!!!!

Answer 14

Call the police and report the situation. If you can talk to them about it and feel safe, maybe you could "babysit" the child, keep it in a safe place, but not until you report this to someone. They will know what to do. It is very difficult for you, but this child is in danger. Call the police and they will investigate, and as above, if you really think the child should be adopted you should start applying now. It would be wonderful for her to live somewhere she feels safe and knows someone she trusts such as yourself, but you cannot until you call someone. The child's well-being is the most important thing to think about at this time.

Good Luck, I hope a solution can be found, and if she is taken away from the home that you can provide a safe home for her.

Answer 15

well first of all if she is being abused than she needs to be removed from the home NOW. than the parents need to be held accountable. until their parental rights are striped then they have legal rights. you could prob petition the court for guardianship and see where it goes from there.

Answer 16

She would have to contact the police and be placed into foster care...there is no promise that you would be considered suitable and that she would be placed with you, but there may be a chance.

The courts would then work with the parents and if they didn't pull it together, then she would be available for adoption...no promise you'd be allowed to adopt her, maybe.

Sadly, parents are usually not placed in jail for doing things to their own children that they would be jailed if they'd done it to a stranger.

Answer 17

She needs to see a doctor and a therapist to confirm the abuse. I think she can do that after she gets out of the house, but the police will no doubt have to be involved in a matter like this. Can she ask to stay with you for a while? Maybe you could assist her with the complaint part while she is staying with you. Good luck. I think your friend has to face reality and make a stand for herself or at least help you make one for her.

Answer 18

If she is being abused she MUST contact social services.  Depending on the situation, she MAY be able to come to you.  However in MOST cases you must be cleared by the state.  Anyone can have babies, but to be a foster parent you have to meet certain criteria.  At this point if the child is truly being abused, it doesn't matter if she comes to you or not, she just needs to get OUT.  I wish you and her the best.  You MUST call child services.

Answer 19

UPDATE:  You say it's an emergency.  What kind of emergency?  If the child's safety is threatened, the issue is the child's safety, not your desire to adopt her.  Call the police if the child is in imminent danger.  If it's a nasty situation with no immediate threat, call child welfare and gently mention that you would be willing to care for the child.  But keep in mind that if you aren't already qualified to be a foster parent, it is not likely that you will get custody of the child right away.  

I don't know where you live, but I have the following thoughts, having worked in child welfare in the U.S.  I'm also a social worker who has done foster care and adoptions work.  

To answer your question--sorta--maybe you could adopt the child.  It depends.  

The first step is that a child-welfare case must be opened.  Somebody will have to call CW and make a report.  In several states, anybody who is aware of child abuse is required to report it to the authorities.  In other states, only certain professionals are required to do so.  If you are in a state that requires any/everybody to report abuse, I recommend you do so soon, or else you may be subject to criminal sanction.  Also, CW authorities would want to know why you want to adopt, but you weren't willing to report the abuse in the first place.  

Are you ready and legally able and permitted to care for this child?  Are you ready to put up with the behavior of this child's parents if they decide to retaliate against you?  Are you willing to put up with child welfare?  Are you ready for what will likely be a lengthy (years) and taxing legal battle?  

I hope for the kid's sake that you are, because children deserve good homes.  Let me explain what will happen after the problem is reported:

CW will go to the home and interview the child and parents, at a minimum.  There are no guarantees that CW will remove the child from the home immediately, or ever, especially if they cannot prove any abuse.  If CW does decide abuse occurred, they still might opt for counseling and/or education for the family, rather than removing the child.  

If CW decides to remove the child, the child might go to a temporary shelter or foster home.  Meanwhile, you can--and should--tell CW that you are willing to care for the child.  In that case, CW will probably do a background check, interview, and home visit with you--this is called a "home study."  At a minimum, you will have to be over 18 or 21, no past felonies, have an adequate income, a safe home, room for the child, and you must be willing to cooperate with CW.  These are the same requirements that any emergency foster home would have to abide by.  

Usually CW will try to place the child with a blood relative, particularly a parent, if there is a non-custodial parent around somewhere.  Grandparents and other relatives are also common placements.  

And CW will have requirements for you, such as to possibly help supervising visitation with the familly, and transporting the child to court, counseling, doctor visits, and other things.  You may have to attend various meetings or training classes.  In a way, you should expect that if you adopt the child, you're adopting child welfare and their rules too.  

Then, over a period of time--a few months to a year--even if the child is now living with you, CW will make a determination whether and when this child can return home.  You should know that it is the usual policy of CW to do everything they can to return children to their custodial parents.  Only in cases of repeated abuse--or something very extreme--will CW move to have the parents' rights terminated.  

If there is talk of CW terminating the parents' rights, you will have to take legal action in order to adopt the child.  You will probably need an attorney, another home study, and you'll have to attend some hearings.  It will likely cost you at least $3000-$6000, and take a year.    

What I'm trying to explain here is, it is not merely a matter of calling somebody, and having CW transfer custody of this child from her parents to you.  You will have to have a lot of patience--not just as a parent, but as a subject of a large, slow, confusing bureaucracy.  

If you want to help this child, just be sure to stay close by, and keep an eye on her.  Don't do anything to cause problems with the parents, because if you make them angry, they might cut you off, and you won't be able to be near the child any longer.  

If the child is old enough to understand, tell her that she is welcome to come stay with you if she is abused again.  If the child is with you, it is more likely that CW will allow the child to stay there.  

Best wishes with this.