[hkolln]

We fought from August 2006 til March 2007 (we hired our attorney then) and finally got placement in June 2007. We became licensed foster parents in November 2006 in order to move her to our home. The SW's gave us the run around so badly we finally had to hire an attorney which didn't cost us too much. He was a family attorney in the state our niece was in. She was in foster care in another state and when she moved here she was a foster child in our home until we adopted her in July 2008. She is offically our daughter now. During the adoption process here we hired another attorney locally whom worked for 25 yrs within DCF here and she was VERY knowledgable in cases similar to ours so it was a relief to us to have such a great attorney on our side.

We did not want custody...instead wanted to have her placed as a foster child. We knew TPR was evident (my SIL voluntarilly relinquished and biodad was terminated by default) so we knew we wouldn't get any help if we went for custody. And with custody the parental rights are intact and it's not permanent for the child. All in all placement is normally decided by the CPS agency the child is in custody of and in our case the Judge didn't really want to have anything to do with the decision. They had a CRPT meeting (placement meeting) to determine if she would stay with the FP's there or come live with us. At least that is how our case was.

Best thing is to really get on the SW's case and keep up with it and document, document, document everything! Our attorney we first hired was very glad that we documented everything up til we hired him. It showed that we were very involved since August of 2006 and how much work we had done up to that point. We had everyones contact info we had spoken to (from the CW up to the Governor's office) and when.

I would look for an attorney with experience working on cases like yours...or if you can find one that has worked within DCF then that is even better. Luckily my job reimbursed me 100% of my attorney fees back (what a great benefit!) but it was expensive to come up with the money. This year on our taxes we'll take the adoption tax credit also and can get the entire amount as she's considered special needs (due to our adoption subsidy agreement). Just ask around (if you can call your local agency for a lawyer referral) and definitely get with the childs GAL or CASA. They can hopefully help.

I agree with boulderbabe. Find an attorney familiar with these type of cases. They will know the laws in their state and the federal statutes. Normally laws are written that they have to "research" relative placements first but most laws don't specify that placement has to be with a relative. I understand why. Some relatives may not be fit or have a safe home to raise the child. But if you can prove you are a fit and safe home (by getting an approve home study done) then you can fight alittle harder.