[momraine]

HI, I am asking for a friend. (no really!)
She has a cousin who a year ago gave birth to a child who was born drug addicted. That child was taken from her and is now with a relative. The relative is seeking permanant coustody. The mom is pregnant again. A few months ago the mom was tested as part of the court procedure for the relative trying to get the older child and tested positive for coke. (while she was pregnant with this child that is due soon). Another relative had planned to try to take this baby when it came, but now has changed thier mind. So now my friend has been called. She is excited at the prospect but also nervous. She talked to me because I am in the middle of a foreign adoption.
What steps does my friend need to take? She called social services and they said that because the baby is not yet born they cannot open a case. D
Does my friend need to do the homestudy or anything now, the baby is due early August but may come early due to the drugs. To get her cousins child does she need to become a foster parent and do all the classes and stuff? she has been told that all they do is come out and look at the house and that they don't really care much. My friend is in a three bedroom and has six kids but currently only 3 are living with her. (two are on thier own and one is with his dad but may be moving back)
Anyway, just want advice on what she should do now. Having only done foreign myself I am not as familiar with the system.
Thanks!

[alwaysus]

She needs to find out if they consider a cousins child family. Some states want closer relations than that. We adopted 2 children from a family member. We didn't have a home study per se, but they came out and looked at things and did a background check. No finger prints. The "home study" Was cheap and they had to do it prey and post placement. IF she goes through social services, because the baby was taken, she may not have legal fees. We had to pay a lawyer, because we by-passed social services so the kids wouldn't be in the system.

[momraine]

Thanks, I will tell her to check. The big problem is that the birth mother is not willingly placing. They are assuming that the baby will be taken at birth. Since they know she tested positive for cocaine once while she was pregnant already and the other baby (the two children will be 11 months apart) was born addicted that this one will be too. There is always the possibility that after loosing the first child in court she straightened out. (It was a temporary arangement, but the birth mom did something during a visitation that angered her aunt who then decided to sue for permanant custody). However since the mom has not done a treatment program they are not holding thier breath that she is getting clean. It's my friends' husbands cousin so she is trying to tread carefully in the family, that is why she was going to let another relative take the baby, but then that relative got a new job that has lots of overtime and so she no longer wants it. My friend's mother in law asked her if she would consider it. She has no money for a lawyer and is worried about whether she can even afford this child.

[Barksum]

This is loooong, so grab a blanket and some water....

If the bio mom has this child and the hospital sees no reason for the child to be removed, that's that. If when she has the child the hospital is concerned about the child being drug addicted, the mom being an adict, or there are concerns about the mom being able to provide a home for the child then social services (child protective services, whatever it's called where the bio mom lives) may be called.

If child protective services becomes involved they may do an emergency evaluation of the situation and place a "hold" on the baby, not allowing the bio mom to remove the child from the hospital. If the court finds reason that the child may not be returned to the bio mom, the child will go to foster care.

The state may look for relatives to take the child sometime during this process (if they determine that the child is in danger, is drug addicted, or some other reason that they need to be involved). Have your friend keep as on top of things as possible, since if CPS (child protective svcs) is aware that there is a willing family member they may be willing to consider placing the child with her.

At this point there may be some sort of emergency certification process that MAY be put into place if there are relatives willing to have the child placed with them on a foster basis. This depends on a few things; if the reason for the child being removed is found valid in court and CPS believes the child will be in care long enough to warrant placing with a family member, if the bio mom mentions that there are family members willing to be considered as a foster resource, etc.

As foster parents we've had children placed with us short-term (a week or less) until a relative could receive foster certification, which in these kinds of cases is usually a criminal check, a basic home safety check, and the plan in place to attend the educational classes required of foster parents.

Once a relative has a child in their home this does not guarantee that they will be able to adopt the child. There are the ASFA timelines (American Safe Families Act, a federal law giving bio parents a 12 month timeline to comply with a case plan to achieve reunification.) As the child's foster parent, the relative has the responsibility to work to help the child and bio mom achieve reunification. If bio mom can become clean and sober, find employment and housing, and can learn and apply parenting skills, then the child will go home to bio mom since she has achieved all the goals set for her by the state.

At the same time that reunification is being worked towards, there is a concurrent plan that the caseworker will work on that puts into motion a search for family members willing to adopt IF the bio mom is unable to regain custody of her child. This includes MATERNAL and PATERNAL family members of the baby. (Remember the dad? His family also has rights and access to the child.)

So...6 or 8 months down the line the caseworker will review the caseplan. The cw will decide if mom (and dad) are doing what has been asked of them. Usually something along the lines of parenting classes, gainful employment, stable housing, drug rehab, etc. etc. If the parents are making effort and progress with this plan, adoption is placed further on the back burner. If the parents are making some effort, they will continue to work with them until the 12 month mark.

If it is determined that the bio mom has left the area, or is not working the case plan, or for other reasons reunification is no longer going to be the plan, then they may decide to work toward termination of parental rights. A trial date may be set at this time. Or not. It all depends on state laws, the individual parents, the individual cw's, the judges, etc.

At the 12 month mark (and after a number of hearings and court dates along the way) there will be a review. There can be an extention of the 12 month time allotment, or they may decide to pursue termination of parental rights. If the bio parent(s) are seen to be trying but need more time the judge can extend their 12 months up to 18 months...or more. If it is determined at that time that the bio parent(s) are not going to be able to parent, termination may be sought.

Or, at any time along the way the parents may choose to relinquish parental rights. Relinquishment is voluntarily giving up parental rights, vs. termination of parental rights which is where the state takes the bio parents to trial and the court severs parental rights.

So you can see how this can take many, many months to get to the point where a relative is considered as an adoptive resource.

Oh, and if there are paternal relatives who are interested in fostering or adopting the child (and who pass criminal history and the homestudy process) the state will determine which family member is allowed to foster and/or adopt the child.

Best advice I can think of is to try to maintain contact with CPS and make sure that the state knows that she is interested. Is the child born 11 months ago in the same state or area that your friend is in? Was that child placed into foster care, and is there still an open case on that child? (Sounds like that may be the case, but just wondered.) If there is an open case and the child is in the same state your friend may be able to contact that child's cw (caseworker) and let him/her know that she's interested in being contacted if there is a need for a home for the new baby.

About the cost of the adoption: if the child is placed in foster care and your friend then adopts this child the cost is very minimal, and most states have a reimbursment plan that covers costs incurred during the adoption of a foster child. I assume this reimbursment plan is in place for relatives adopting a foster child as well.

It can be a very involved and emotional process. Having a child relative placed on a foster basis in one's home can be a big emotional risk. The child may be returned to the bio mom, and there may not be anything the relative can do about it. Lots of ups and downs, lots of potential heartache and heartbreak along the way. This is not to discourage your friend from considering having this child placed with her, but to make sure she knows more about the process and is prepared for a rough road ahead.

[momraine]

Thanks! The older child was removed at birth by CPS because the child was born addicted to cocaine and the mother tested positive at that time as well. I am told that in this state if the child is born addicted that they are automatically taken. My friend may not want to actually adopt the child, she doesnt' feel she can afford it. She just wants to keep the baby from the system. It's her mother in law who has asked her to do this.(the baby's great aunt) The baby will be bi-racial and the other family has said they do not want anything to do with it. (I am not clear on which parent is my friends's realitve because I have not met them) My friend's brother in law and his wife have the first baby and live 10 minutes away, the parents are an hour away. The first baby was taken at birth and the people who have him now were allowed to take him from the hospital at five days. (he had to stay that long because of affects from the drugs) At first they were just going to keep him until his parents got straightened out, but then the mother came over high and they called CPS and petitioned for permanant coustody. The mother came to court six months pregnant and acting strange. The judge had her tested and she tested positive for coke. That is why the family is trying to make a plan before the birth of this baby. They are assuming (based on previous experience) that this baby too will be born addicted and that the mother will not be allowed to take it home. The older members of the family are the ones kind of telling everyone else that they don't want the baby to go to foster care. I am not sure my friend will be willing or able to take the classes. The classes are an hour away and my friend at that point will have the baby and 4 other children in the home. She knows that if the mother ever gets straight she will get the baby back, and she is kind of hoping for that, but is not holding her breath.

[Barksum]

Sounds like you know the probable course, Mom. Going by past experience, and some statistical probability, the bio mom is probably not going to get the baby back if she is still addicted to coke. Your friend does not have to adopt if she choses to foster the child, but she neither will she have any say about who does get to adopt the baby. Sadly, none of the other relatives will have any say. If the child is not adopted by relatives and the states recruits for adoptive parents for the child the new adoptive parents have the choice to maintain contact with the relatives or the other sibling or not. They can not be "forced" to allow contact. As frustrating as it is the fact remains that once the state obtains custody of a child the biological family has very, very, very little say regarding anything at all having to do with that child.

State adoptions of children from foster care can come with a monthly stipend, if the financial burden is all that is preventing your friend from pursuing the idea of adoption. She should call the local DCFS (dept. of child and fam. svcs.) and ask about relative adoptions from foster care. Additionally, in our state you can take some of the classes via other avenues besides going to sit in a class. However, even if she does have to travel for an hour it is not THAT huge an inconvenience for very long. I had to arrange child care, drive for an hour, sit thru 2 hours of class, then drive to the sitters, get the kids, then home for 2 or 3 nights per week, for 4 weeks. Some agencies offer classes on Saturdays instead of week nights, so have your friend call and inquire what EXACTLY she'd be required to do. She should be able to find someone who can either give her the info she's seeking or direct her to the person who can.