[Hadley2]

"We're not filing for custody because we expect your agency to obey state and federal law with regard to due process in a foster care custody case as well as foster care placement and permanency goals. By law, it is not in the baby's best interest to close an unresolved foster case and dump the state's open custody case on a private citizen. According to NY state law, it is in the baby's best interest to be placed with family, if possible. It is possible, and you are denying the baby his rights. We believe the court will agree."

You can cite the statutes I gave you earlier and any others you've found that support the argument. Also check into federal law, US Code, Title 42, Section 675.

I forget whether or not you said the child had a GAL; I think there was not.

The person you spoke with may be a supervisor, but that means she is probably not the director of the county agency. If she is, go one up and be very clear that you feel this person has threatened to return the childto his mother--essentially threatening him with bodily harm--unless you allow the state to dump its open custody case on you. (Placing the child in the mother's home, where she lives, is returning him to her.) You could put that up front in the letter and emphasize the bypass the court part--judges don't like to be bypassed! That is child endangerment and coercion in one fell swoop.

I haven't seen many family members on these boards with this problem from NY. It is usually VA, where this notion of passing legal custody is actually the first priority in state law--in flagrant violation of federal law and contradiction of other state laws compelling cooperation with federal law, but there you go. VA is the only state in the nation to be so blatant about it. Anyway, I can't remember seeing this from anyone in NY so, hopefully, it is not common practice and if you go up a few notches you will hit someone who say, "oh no, that is not going to happen."

If you get nowhere calling up the chain of command in social services, you may have to try to tap the court. Others here have tried state government contacts, but I haven't and can't advise on that.

Keep copies of all letters you send her and anyone else, certified return receipt; copy via e-mail also if possible. If she doesn't move within the next couple of weeks, send letters to the family court "and all parties" in re the "child's name" foster case. In those, state who you are, relationship to the child, your efforts, with dates, to secure placement of the child with you for fostering and possible adoption in the event there is no RU. Briefly describe yourself and home--married X years, x children, own home, no criminal record, prior relationship to the child if any, and any special qualifications. Relate your concerns regarding the cw's threat (use the word "threat") to bypass the court and return the child to his offending parent's (mother's) home (true) if you refuse to allow them to dump the state's open custody case on you.

You would, of course, be in a much better position if you already had placement, but signing up for legal custody without parental rights or even rights of guardianship (which is stronger than legal custody, but still far from bullet proof) isn't the way to get it if you can avoid it.

The best hope is that this is a short-lived bluff made in the hope that you'll bite and she'll cut her caseload and court budget. It may be that if she sees you won't, she'll do the sensible thing and place the child with you. It would still be cheaper and easier for her to do so than to leave the child in an unrelated foster home...and if she moved the child quickly, then that would free up the regular foster bed for another child. So, it's really more in her interest to play ball with you than not.

I hate these games. I hate it when someone tries to squeeze the child to maximize their dept's efficiency. Good luck.