Contesting foster placements?

[Captain Serious]

If a child is in a foster placement, and someone else comes forward and says that they believe they would be a better/more appropriate placement for the child, how does that work?

Let's say that the caseworkers (private organization contracted by the state) have said they don't intend to move the child or consider other placements. How can the person get the court to know that they would like to be considered as a parent for the child?

[spooko]

Is this person family? I believe in many areas family does have a bit more of a priority pull, but other than that, I haven't heard of such a thing being done. This would especially be complicated given that the agency isn't open to or seeking placement for the child.

[ceejay]

Every state has different laws and procedures for foster care, but in general, the only type of other placement that would be considered in this type of situation is family or maybe someone with extensive history/relationship with the child (close family friend). Typically the state will not consider moving the child to another foster placement unless the current foster family asks for the child to be moved or there are some other circumstances involved that would put the child in danger at their current foster home.

If the child's goal is reunification, they will most likely keep the child where they are in the foster home. If the child's goal is adoption, and the current foster family is not willing or able to adopt, then the state may start considering other foster/adoptive homes that would be able to adopt the child once TPR is finalized.

[Captain Serious]

I was trying not to put too much out here and will probably delete this, so please do not quote.

[Captain Serious]

I thought the courts had to put children in the home that was in their best interest.

I guess what I'm looking for, is how we tell the court we are here and interested. Why does the caseworker get to make this call in absence of the court?

[Deleted]

I think if you have evidence that the kids are not safe in the current foster home, you can file a complaint...probably the same way you'd report on abuse by biological parents. That would at least get any potential issues on the dept.'s radar.

ETA:

Okay I started typing before you posted your responses. So I deleted everything that was not relevant. Have you spoken to the case worker? I think you guys would qualify as fictive kin. Especially if you have met or had a relationship with her at one point. Are the kids in foster care now or just staying with relatives of the adopted parents? Are you in a different state though? I think there is maybe a way to go through the court system...like to petition for guardianship. The department and courts have a lot working against them as far as deciding what is truly in the child's best interest. They have to try as hard as possible to keep the kids connected to their family and so relatives of the adopted family will very likely be first to be considered as a permanent placement. If you are fictive kin you'd be next in line. You might consider just meeting with an attorney to see what your options are.

[Captain Serious]

Oct 4, 2016 12:51:59 GMT -5 @helgahufflepuff said:

I think if you have evidence that the kids are not safe in the current foster home, you can file a complaint...probably the same way you'd report on abuse by biological parents. That would at least get any potential issues on the dept.'s radar. I But otherwise, like previous posters said, unless you are biological family or fictive kin with some connection or previous relationship to the child, they won't just move the kids. This is just anecdotal but there was a case near me where a foster family was mad their foster kids were getting moved to family that they perceived as "poor" and they petitioned to keep them because they thought the kids would be better off with them-the wealthier family. The court and dept. disagreed.

What is fictive kin?

[Deleted]

Captain Serious, I just edited my response to hopefully be more helpful to you. Yes fictive kin is close family friends of the child. You should be on the department's list of people to consider but the family of the adopted parents will be ahead of you. I also mentioned in my edit that you guys should meet with an attorney to see what your options are.

[sahara78]

I read your posts last week, but forgot to post. Do you know if the child has a CASA (Court appointed special advocate)? The role of this person is to advocate for the child's best interest in court. If she has one, I would definitely want the CASA to know about you. The foster care system varies widely across states and even counties, so the power of the child's caseworker in deciding placements varies as well. Also, family reunification is generally the first goal, so the courts often wait to place is out of state kin or fictive kin until any reunification efforts are discontinued. Best of luck to you and this poor girl.

[irismorning]

I have been MIA for the last few weeks and just read your posts. I am so sorry to hear about all of that happening! That poor little girl and the other children! Has anything (that you can share) come of the situation?

[ceejay]

Captain Serious any updates on this situation? I've been thinking about you.

[Captain Serious]

No updates, unfortunately. We filed to be considered interested parties in the case in mid-October, but haven't heard anything from anybody yet. Not a single call from the CASA or the guardian ad litem, which if you ask me is a pity, and an indictment of the very people who are appointed to advocate in her "best interest."

We know we are fighting an uphill battle, but we will do what we can to make sure she's in the best environment she can be.

[irismorning]

Nov 8, 2016 15:50:51 GMT -5 Captain Serious said:

No updates, unfortunately. We filed to be considered interested parties in the case in mid-October, but haven't heard anything from anybody yet. Not a single call from the CASA or the guardian ad litem, which if you ask me is a pity, and an indictment of the very people who are appointed to advocate in her "best interest."

We know we are fighting an uphill battle, but we will do what we can to make sure she's in the best environment she can be.

I am so sorry that you have not heard anything! I hope that you will hear something soon.