[mamala]

My ffd's case went to a show cause hearing today. She was removed 2 weeks ago yesterday.

CPS called me and said that they didn't know what my resources were, but that if we wanted to intervene--they'd be in court again on 4/21.

The cw said "I don't know if (ffd) would've had to have lived with you for 6 months of the prior year because you're not a relative, but I'm not a lawyer." So she advised that I ask a TX lawyer because she'd "hate for us to come down there and not have actual standing in court". So pretty much, she's banking on us to intervene. After a 26 minute call, I "get" that they totally understand the birthmom and know that she could work the plan, get custody AGAIN and they know it will just be a matter of time before ffd is removed AGAIN. They clearly read the files that NJ sent them. HUGE relief.

But the thing is this: baby was born early Aug. and lived with us for 9-1/2mo. She was with mom 10mo almost to the day when she was removed this time. We maintained contact with them during this time (1-2x/month visits). I'm not sure what to think.

And how do I find a lawyer that's not going to say "Oh yeah--you have standing" and then just take my money...?

HELP!

[AuntT]

Where are you located?

The Texas Statues say

... a person who is the foster parent of a child placed by the Department of Protective and Regulatory Services in the person's home for at least 12 months ending not more than 90 days preceding the date of the filing of the petition;

(b) In computing the time necessary for standing under Subsections (a)(9), (11), and (12), the court may not require that the time be continuous and uninterrupted but shall consider the child's principal residence during the relevant time preceding the date of commencement of the suit.


So, it sounds like you may be able to because she was with you previously and is back in care. I know of an attorney in Austin.

[mamala]

I'm in NJ. She wasn't in our home 12 months total. She's only 20mo old and has been with us the first half and birthmom the second half. So she hasn't been here in my home for the last 10 months although we've seen and visited with her (they only moved to TX on 2/1). CPS knows that. I wonder if calling us with this is just them grasping for straws.

Would love the name of the atty anyway if you could pm it to me. I appreciate it.

[rblount]

While I have no answers for you, we used an attorney that was based out of that area. If you'd like her contact information PM me and I'll find it for you.

Good Luck! I hope you get some answers soon!