[MBear]

Hi Everyone,
My case has been going on for 18 months now, goal is adoption, TPR scheduled in July. DCF and AW are thoroughly checking family again although I have been told we are the preferred placement. I feel like they are feeling swayed by time. I'm wondering if they are feeling pressured by Judge because he wants a resolution before TPR and parents are not willing to agree to open adoption with anyone but family that they would resort to a relative placement instead. I say resort because they hadn't found anyone they thought is more appropriate yet. My question is this, Baby M's attorney has repeatedly told me he will appeal any other placement as she is in the best place. How much weight do most attorneys hold in court if DCF should disagree with him? Has anyone ever experienced this?

[Withay]

I haven't had this happen, but I believe that the attorney does have quite a bit of pull with the judge. The judge in my cases has listened very carefully to what the attorney's have recommended.

If there is an appeal, by anyone, it is my understanding that the judge has to listen to the evidence before making a decision.

Good luck.

[MBear]

Thank you for your reply. The attorney said he will appeal on behalf of us and the child. I'm sure hoping he pulls a lot of weight.

[mamachell]

I'm in a very similar situation. Bioaunt is being considered after almost 1 year. She recently starting doing visits. I don't think the judge is inclined to move the baby as she just gave us de facto parent status but I'll know for sure in a month at the next hearing. The baby's attorney is also saying she will appeal if there is an attempt to move the baby and the judge has an order not to remove baby without an order from the court (meaning DCFS can't move the baby on their own).

I agree with PP that the judge does give a lot of weight to the child's attorney because they should be the ones totally focused on the well-being of the child. They aren't bound by arbitrary policies like so many DCFS offices are.

For you, I would see if there is some way to intervene in the case/be made a party to the case. That way you would have access to more information and will know exactly what DCFS is recommending to the court. Plus, you would be able to be represented in court.

Lastly, you have time on your side and the fact that they haven't actually found a relative is a good sign. Plus, even if they do, they may not be approved.

Good luck and please keep us posted.

[MBear]

Thank you mamachell. Do you know how to become a party to the case, and who or how can we be represented in court? I spoke to M's attorney today and Grandma is filing a petition to become a guardian. She was denied early in the case, but now DCF has to look at her again and the reason for denial. The attorney did say he will oppose but you never know if 'lightning could strike'!! But thank you for your reply and I look forward to any other advice!

[mamachell]

MBear,

If I were you I'd definately try to do something proactive. Don't wait for your CW. I think sometimes they take the easy way out and for some, a kinship placement is easiest. I am including some info on what we have in CA which is called a de facto parent. In other states it's called other things like intervenor status but essentially you "become a party to the case". It gives you legal standing to become a legal part of the case and have your relationship with your foster child recognized in a more substancial manner.


A couple of things:
1) Is there a formal way you can get information to the judge? Can you send a letter or is there a specific form you can fill out? If so, have you done it?

2) Are you able to file some sort of intervenor status? What are the regulations for it?

3) What are your DCFS (I'm not sure what it's called in your state) recommendations? Are they going to recommend placement with the grandmother?

4) Are you able to secure an attorney? Can you only get one if you have intervenor status?

5) I would see if you can connect with someone from your state on this site. Also, I got a lot of info from Boulderbabe and you can go back in the posts and look for posts on intervenor status and de facto parent status, there has been a lot of info on this topic recently.

Good luck.


Info in CA:
Why de Facto?
Upon a sufficient showing the court may recognize the child’s present or previous custodians as de facto parents and grant standing to participate as parties in disposition hearings and any hearing thereafter at which the status of the dependent child is at issue.

In order to apply for de Facto status, you must complete and file FOUR separate court forms.

JV 295 de Facto Parent Request Form
JV 296 de Facto Parent Statement Form
JV 297 de Facto Parent Order
JV 510 Proof of Service Form


These forms and supporting documentation can be downloaded at the bottom of this page.

How Do You Qualify?

A de Facto parent is a person who is the current or recent caretaker of a child, and who has assumed the role of a parent to a child, fulfilling the child’s physical and psychological need for care and affection on a daily basis. Relevant factors include:

Whether the child has psychologically bonded with the applicant
Whether the applicant has acted as a parent on a day to day basis for a substantial amount of time. (Note: There is no clear requirement of a minimum amount of time, however adoption practices have established a four month period as a guide for establishing parental bonds that should not be disrupted
Whether the applicant has information about the child that the other parties in the case cannot provide
Whether the applicant has regularly attended juvenile court hearings
Rights of De Facto Parents

California Rules of Court 1412(e) state that upon a sufficient showing the court may recognize the child's present or previous custodians as de facto parents and grant standing to participate as parties in disposition hearings and any hearing thereafter at which the status of the dependent child is at issue. The de facto parent may:

Be present at the hearing
Be represented by retained counsel or, at the discretion of the court, by appointed counsel
Present evidence
Discovery

Discovery is the legal right to see the reports and documents that have been filed with the court, i.e., to discover what is in the court’s file. A de facto parent's right to see the other documents in the court file is governed by WIC§ 827 which directs the court to make such discovery orders pursuant to that section as are necessary and appropriate. The court may allow you to have full or limited access to the court file contents, as deemed necessary for meaningful participation in the case.

[Nevada Jen]

As an attorney for the child I have always been listened to and been given exactly what I asked for. I am a little different than a GAL as I represent what the kid wants (even if I think its stupid). There have been many times when I did not want to get what I was asking for and but I got it anyway.

Maybe its because I am outside the system and really just trying to do the right thing with no hidden agenda or maybe its because I am super talented ( ) but I have never been in front of judge on a foster care case where the judge didn't just assume I was correct.

I hope you find the same to be true in your case!

[MBear]

Thank you Nevada Jen, I'm sure hoping that's right too for us! At least it is comforting to know your success rate, as baby M's attorney seems confident too in his representation for our little one. I have been reminded though through DCF that she is a legal risk. More and more family coming forward after all this time!!! Trying to stay sane!