Adoption law?

Question

Hi. I need sites. Situation: husband's cousin in jail for abusing her baby, 3 counts of felony child abuse. We're a homestudied and approved adoptive home. Federal law mandates that they look at placing w/family first. They're obsessed with trying to place with a couple that birth mom wants, but doesn't know a last name or a phone number. They're trying to get a hold of her cell phone for this number. Any ideas/suggestions/sites? thanks!

Answer 1

You are right.  Federal law governs the foster care system and each state has to develop their own laws in accordance with federal law.  So, if the child is in foster care the following applies:

If the child is in foster care, then that means that there is no parent able to provide proper care for the child.  However, that does not mean that in the future the parent would not be able to provide care.  Thus, the first permanency plan goal is to reunify with the parent from whom the child was removed.  If that is the plan, then the parent can suggest names to the department, relatives and non-relatives, for the department to investigate.  If you are a relative, you should be considered.  Of course the parent will have a say, meaning that the parent can argue to the judge her reasons as to why the baby should not be placed in your home.

Other plans that can be considered in order of priority are usually placement with a relative for guardianship or adoption, adoption, or another planned permanent living arrangement.

If the child is in foster care, I would contact the local department and express my desire to have the child placed with me.  I would also contact the attorney or guardian ad litem for the child and again express my desire to have the child placed with me.  If the department is not helpful, I would write a letter to the court expressing my desire to have the child placed with me.  With all these avenues, you might not get much information because these types of cases are confidential.

Now, if the child is not in foster care and the mom is making a voluntary placement, then federal law does not apply.

Good Luck

Answer 2

This is usually how it works but state laws vary.

When a child is in state custody and the mother of the child or children is not involved in placement then the state will look for biological family to take custody of the child permanently while the child resides in a temporary foster home.

However, in this case the mother is involved in placement and she has every right to select the family in which she wants to give guardianship of her child.

Perhaps she is resistant of placing the child with you because she knows that you seek to adopt a child, possibly her child.  There is a process that parents go through when their children are in state custody.  States do not terminate parental rights without a lengthy process in which the parent(s) are given opportunity to attend parenting classes and other requirements that a case worker will require in order for them to regain custody.

You might think that being a home study approved home works  to your benefit but it might actually work against you if your family member does not want to relinquish her child.

Even though your family member is in jail for child abuse she will be given a case plan to follow.  Abuse makes me spit nails and I hate to think of children returning to an abusive home but it's not uncommon, unfortunately.

This probably isn't what you want to hear and I'm sorry for that.

Answer 3

run an ad in the local paper and if no answer after a month or so, then you can say there is abandonment. That is what they were going to do if they did not find my child's birth father