[ljprevo]

Can someone point me to some links that deal with foster parents rights in Michigan.

I have a baby boy that we got when he was a day old, on Jan 23 he will have been in our home one year.

Well on Jan 7th the parents rights were terminated (parents gave baby up to the state) (There were some legal situations to work out first about the baby being indian) See my old thread here http://forums.adoption.com/t121157.html

They have 30 days to appeal the decision.

If this law is true this child will have been in our home more than 1 year. The termination would need to be final before the agency could even place the child for adoption right?

I swear I came across a law in Michigan that states, if a foster child has been in your home 1 (one) year or more you are considered their physiological parents and if the parents rights are terminated you have the 1st right to adopt the child.

Well our caseworker now tells us that this is not a foster child and he has been in the adoption program. The adoptive parents that are at the top of the list have the first choice at the child.

Now this is a child that has been in our home since he was 1 day old and is now ready to walk and calls my wife and I "mamma" and "dadda"

I don't know what the agency is trying to pull, but I have been told that they get $$$ for "selling" the child in the adoption program.

My wife and I are about ready to seek legal advice on this, however I want to know if such a law exsit in Michigan before we proceed.

What rights do we have?

[mckenna]

i don't know michigan law, but i have rarely heard of foster parents not getting the first choice to adopt a child that has been in thier home. i really suggest researching the laws of your state quickly before they try to remove the child. good luck to you.

[JuliannaTeresa]

Indian Adoption Law says the Baby goes to the Tribe first, and then the Outside.

[ljprevo]

Originally posted by mckenna
i don't know michigan law, but i have rarely heard of foster parents not getting the first choice to adopt a child that has been in thier home. i really suggest researching the laws of your state quickly before they try to remove the child. good luck to you.

We already got that resolved, we are involved in a new issue now.

The tribes already signed off and said he is not eligible.

[Cleopatrick]

You have rights. In Michigan if a foster child has been in your home less than one year and TPR happens then a birth family member can step forward and take the child. But if no birth family steps forward than the foster placement has the 1st choice on if they will adopt the child or not. After one year you actually have more rights than even the birth family after TPR. After one year if a birth family member steps forward it will slow down an adoption but not stop it. They figure if it took them that long to come forward then they couldn't want the child too much. So, after one year the foster placement has the very first consideration out of anyone. I wish I could send you to some legal sites but I only know this because of my daughters adoption 1 1/2 years ago. We had her for 16 months and a birth aunt stepped forward. Everything I just told you is what the social worker told me. I've got a good friend who is also a foster parent and she wanted to be a lawyer at one time and actually knows the names of most of the laws dealing with foster care. I will call her tomorrow and see if I can find out if she knows where you can find this information in concrete form to you have something to fight with other than my word. Do give up, and don't give in to them. Remember that you have rights too and if this child has been in your home this long that moving him is an unneccessary trauma.

[Cleopatrick]

Oops, I was posting at the same time as you. Sorry I was too late with the info.

[bromanchik]

I would try and get in touch with someone from The MI Foster and Adoptive Parent Assoc. of MI. There office is in Holt, MI.

[BabsCanada]

I have followed your posts with interest, and wish I was writing now to say a simple 'Congrats' ...
I don't know Michigan law, only 'common sense' which would indicate the child should remain with you.
Can you speak with someone at the agency, higher up than the worker you've been with. Next step, I guess, would be a lawyer.
Good luck to you - I hope to see more posts from you to follow your story.
Babs

[ljprevo]

I appreciate the advice from everyone.

I was also suggested to call the office of the Michigan's Children's Ombudsman

http://www.michigan.gov/oco

That is if we don't get anywhere with the agency.

[ljprevo]

Ok we have a update on this case.

I confirmed this with an attorney.

If a child has been in your foster home for a year or more and the parent's right are terminated, the foster parents have the first right to adopt the child.

After we talked to an attorney the agency changed their minds quick like. We do have first legal right to adopt the child but....

Now the situation is this...

The child was voluntarily placed by the parents, the child was not taken from the parents in regard to abuse, so the adoption is treated like a regular adoption. Not a foster adoption.

When we adopted our other two children the adoption was taken care of by the state because they were MCI ward children (removed from home by the state) They, the state, subsidize these adoptions. Where in the case of our foster baby this is not the case. We were never made aware of this until we just seeked legal advice.

Now we have the right to adopt, but we will have to pay $$$ to adopt, which we did not know. Now we are not in the position at this time financially to pay for the adoption.

We wish we would have known this prior to this happening, we could have saved to adopt the child or made arrangements.

Thanks for listening and the advise people gave.

[ljprevo]

Again, thanks to everyone who keep track of this.

Last night our foster baby left our home and was placed with his adoptive parents. It sure was a sad and happy day indeed.

It has sure been a rollercoaster ride.

He is with a very loving couple, who had been married 20 years, with no luck of having a child of their own and had been waiting on the agency list for 3 years. Just the sheer joy in their eyes made us happy. Over the last few weeks we have been having visits gradually having the baby get used to them. They are a great couple, we have made a friendship and they vow to keep in touch with us on his well being.

Deep down inside it hurts, it hurts big time, its like loosing a child of your own, but the flip side we are very happy for this boy that he is with a very, very loving family.

On the other hand we are highly ticked off the way Catholic Charities of Genessee County (Flint, MI) had handled this whole thing. Lying to us saying we could not adopt the child when we could have, keeping things from us (things about the baby we just found out last night), not communicating with us about what was involved (They could have told us that if we ever had the chance with this child, fees would be involved, LARGE fees, we could have done things differently financially in the last year to be prepared. We did not realize the difference between a state ward child and a volunteer placement)

We honestly felt the agency pulled the rug out from underneath us on this. For that reason we will not continue foster care with this agency. If we even do again, it will be elsewhere.

Funny thing is, the adoptive family experienced the same issues with the agency and they will not recommend anyone to adopt there.

Poor communication, no follow through, lying, dropping the ball.

We honestly wanted the best for this child. With the adoption of our other two being final, we could not see putting ourselves further in debt to raise three children when a loving couple had been waiting 20 years to have a child of their own. In the long run it is the best for everyone involved. We left it in God's hands.

Attached in one of the more recent pictures of him, he will NEVER, EVER be forgotten!!

[BabsCanada]

What a great-looking baby boy - I can just imagine how thrilled his new parents are with him.

I remember your posting on another thread re: his native heritage, and I see now, you're right - sure doesn't appear to be native! But assuming he is, were the new a-parents able to meet the requirements, or had the band signed off?

I had sincerely hoped all along that this baby would be yours permanently, but I now write to say I commend you for your very healthy attitude in this situation. We still send update photos every year to the foster parents who had our daughter for just one month - I hope this baby's new parents will keep you updated also. I'm sure they'll recognize that you are very attached to this baby.

Wishing you, the baby, and the new parents all the best.

Babs

[God's Grace]

if no one informed you yet.. contact the foster care review board immediatelly there is also a adoption review board as well. Once a child has been in your home for three months you have "rights" to make an appeal on any decisions made by the foster care agency that you may not agree with and yes the longer the child has been with you the better. If the agency your dealing with decides to remove a child after the 3 months have pasted unless it is for alligations of abuse (which can still be appealed but the child must be taken back by the agency immediatedly until the matter is cleared) the f/p has the right to make an appeal within 3 days of notice of intent to remove the child once you appeal the child can not be moved until a responds is received from the review board. Hope this helps and I know this can be a very stressful process ..... and in all my tears of still waiting at least I am learning some of the trauma the children are having to experience at such a young age. May God Bless you for being their for one of his kids. Because all these Babies belong to God and for those who step forward to help well we are just an extension of the Lords loving hands.

[estrek]

I have a situation with a foster child, also my nephew, we are trying to adopt (he is a state ward). Our casework is dragging heels and not helping us move forward with the adoption. We have had this special needs child now for 16 mos and his rights were finally terminated 2 mos ago. We could use some advice of an attorney to help us get this moving. Can you let me know who you talked to for information on this? We don't have a ton of money for attorney fees but certainly need to get some advice. Any help you can give is appreciated. streks@wideopnwest.com

[ljprevo]

I got advise from

Attorney Lori Moran in Grand Blanc, MI

We never retained her. Very knowledgable attorney.