What are the repurcussions for giving adopted nephew back to his mom?

Question

My sister had gotten incarcerated and her son was put in state custody. I took him into my home as a foster child and adopted him after having him living with me for a year. Since my sister has been out of prison she has gotten herself together and has a very stable life now. I let my nephew go back to living with her which is out of state (two hours away from me). Meanwhile, I am still his legal guardian and continue to receive medical & subsidy benefits for him. I want to let the state know that I don't need these benefits anymore but know they'll have a big issue once they hear he is not in my care.

Because my sister is also going through the courts to get partial custody of her daughter (who lives with her dad) the family court found out that my sister is not his legal guardian and that I am. Today the family court investigator called me asking why I let my nephew move back with his mom and I said because she has turned her life around and is now stable. This lady told me that there could be a problem because I am still receiving benefits for Juan but I told her that I take care of my nephew with that money when I see him on the weekends.

She didn't say whether or not she's going to report me but I NEED SOLID ADVICE on how best to go about this situation to absolve myself from legal guardianship and give it to my sister while my nephew is living with her PLUS what will the repurcussions be from the law for letting him live back with his mom while I am still receiving his medical & subsidy benefits that I still use for him. Any good advice would be well appreciated (and your prayers also). I should also mention that I live in RI and my sister lives in CT and she is going to court in RI to share custody with her daughter's father which is amicable. Also, I was able to adopt my nephew because besides his mom at the time being incarcerated, his father was no where to be found.

Answer 1

You are committing fraud and could go to jail.  When you receive benefits for a child you are certifying that the child lives in your household.  The state will not care whether you are sending the benefits to the child.

You and your sister need to go to court and have the custody returned to your sister.  She may not supposed to have the child if there was a state preceding to removing the child from her custody.

I suggest you go to the welfare office and have those benefits stopped ASAP and return any unused funds.  Return the payments even if you get a payment after you informed them of the situation.  Sometimes it takes a while for the stop payment to go through.

Former Welfare and Child Support Officer and attorney.

Answer 2

not being a  lawyer, I won't try to go with the WAY complex thing you have.  Except to make one comment...guardianship and adoption are not the same thing whatsoever.  A guardianship can be revoked or ended, but an adoption is as if the child was born to you, and you have all legal rights AND RESPONSIBILITIES/ LIABILITIES.

I think you meant well, and you have prayers. Friend, I think they will be much needed.

Answer 3

If you "need SOLID advice" why ask strangers on the Internet for this type of very important legal advice?  If I write a really well written answer and then specify that my source it "me because I'm a lawyer" how will you know that I'm telling you the truth?

If you need solid advice, which I agree, you do, then you need to contact a lawyer.  There are tons of lawyers who give free half hour consultations.  There are several pro bono (free) lawyers.  You can start by calling a local law school and asking them to point you in the right direction.  So many law schools have their students volunteer in legal clinics, and their alumni attorney grads, some for free and some for very little cost to you.  So call a local law school and ask them to refer you to a volunteer attorney association or legal clinic.

Answer 4

u need a family law atty

Answer 5

You need a lawyer. The state took her rights away...THEY determined that she was unfit...YOU are not allowed to determine otherwise. What should have happened is that you contacted CPS the moment this thought entered your mind. B/C you didn't, you stand to be in a world of trouble....the moment her rights were taken away, she ceased to have any legal ownership of the child. For the child to be placed back into that home without a termination of adoption on your part is both illegal and unethical. I know you want to do what is best, but returning a child to a situation that was deemed to be unsafe for that child at any time is completely against the policies of CPS and the state. Further, to continue to receive the checks when the child was no longer in your home is also illegal....obviously you can't receive money for a child who is not in your custody more than half the time. Seriously, get a lawyer...you are gonna need one.

<<adoptive mommy through foster care.

Answer 6

You did not have the right to return the child to his mother. Doing so violated the adoption agreement. Therefore you fraudulently accepted medical and monetary subsidies illegally. You COULD be facing a large fine or jail time.