[thelowlanders]

I've heard this several times before. Is this true? How does it work? We've had FD for almost 7months now. So do we need to file paper work or is it just considered that way now? If she comes up for adoption in the future, is it really true that we are considered just a much as any of her family members? Not that any of them have passed background stuff....

[Boulderbabe]

Huh? I'm not sure exactly what you're talking about, but could it be that after six months of fostering, you're eligible to become a party to the case?

[hermommy]

Originally Posted by thelowlanders

I've heard this several times before. Is this true? How does it work? We've had FD for almost 7months now. So do we need to file paper work or is it just considered that way now? If she comes up for adoption in the future, is it really true that we are considered just a much as any of her family members? Not that any of them have passed background stuff....

Here in my state I believe that after the child is in your home for 18 months that no family can then step forward for the child. It may be a little earlier but six months is too early to say that bio family cant come in and say they want to raise the child.

[waited2long]

I've heard that 6 months in your home can make you eligible as a 'Kinship" placement if the child becomes available for adoption. But states may vary, so you'd have to check your state's laws/guidelines. Maybe an adoption attorney could tell you?

[greenrobin]

I think the wording you want is that you have standing before the court.

After a given amount of time, 12 months in my state, you have the ability to file for intervenor status and become party to the case. It does NOT mean that no other family can step in. It DOES mean that you will be considered as equally important as any other family member.

Ask your local CPS or agency what the laws are in your state. We, too, heard 6 months, but that was not true here.

[waited2long]

Originally Posted by greenrobin

considered as equally important as any other family member.

That was what I meant. And, I agree, different states will have different regulations.

[jphollen]

Where we are (I know it's different everywhere to some degree) you would have the first right of refusal if fd would become eligible to be adopted. Even if you aren't considered an adoptive home, because she has been placed with you and has a bond etc. We sign pre-adoptive agreements here. When they do a legal risk with the state and move towards tpr, they ask current fp's to sign a pre-adoptive agreement if they are interested.

[jllambert]

Yep we were told 6 months at first too, but we contacted our attorney and he looked it up and in Texas if you are a foster parent you can not file until the child has been with you for 12 months! Kin can file after having the child/children 6 months!

[sethsmommy]

I know in most states ( I thought all...) you have to have the children in your home 6 months before you can file for adoption. I guess they consider it a trial period of sorts. You can only file if the kids are completely free from parental rights. If they are not free, I have heard of families right here who have had kids for over a year and they go to biological family. The termination of rights is a huge milestone in the whole process---not so much the time that has passed....

[Withay]

In your state, lowlanders, what you are talking about is called "Current Caretaker" status. The child(ren)s caseworker has to file for this status and that cannot be done until after tpr has happened.

Source: OAR 413-120-0510

Current Caretaker definition is clarified to include both relatives and non-relatives who have had the child continuously in their care for six months or more.

To find the full text go to: http://www.dhs.state.or.us/policy/ch...i-g11trans.pdf

[waited2long]

I'm pretty sure the OP is only asking if her family (having cared for the child for over 6 months) would be considered to have a 'kinship' relationship, if her foster child became available for adoption. And, as 'kin', give her family an equal chance of adopting the child.

I posted this at the same time as Withay... That's what you want Lowlanders... Follow Withay's link!

[greenrobin]

waited, I'm not sure about everywhere, but kinship is a "condition" that is determined prior to placement here.

For instance, I once had a kindship placement of a former student. The "kinship" was established because I had an existing relationship with the girl. We were not compensated in any way for her care nor were we required to become licensed to have her in our home.

The children we currently have have been here for 15 months and 1 day (but who's counting!). Our relationship remains a legal one even though we are moving toward adoption and will probably file for intervenor status in their case. We may only become party to the case, not establish familial ties. And, if a suitable relative shows up, we'll still have to wait out the findings.

Nerve-wracking at best, I must say!

Plus, in my state, we can file prior to termination. Apparently lowlanders' state has different ideas. Still, kindship will probably not exist.

It's complicated enough that my head spins on a regular basis!

[hkolln]

I know in some states you can file for "defacto" parent status at 6 months.

[Withay]

lowlanders state does not recognize 'defacto' parent status.

[waited2long]

I've read some posts where any persons known to the child, teachers, doctors, babysitters, aunts, cousins, including foster families, are considered 'kinship' when it comes to adopting. I know every state is different, it looks like different states use different terms as well.

Like, your state allowed you to bring a child into your home without licensing. Many states will not do that, even for bio relatives.