Advertisements
[FONT="Arial Black"]Several weeks before my foster daughter was reunified with birth mom we had the chance to meet birth mom. Since meeting birth mom, we have begun a beautiful relationship much like a mother/daughter relationship. Birth mom has no support. She works for very little under the table and she goes to college, she is 19. Birth mom has become part of my family (and she is actually the age range as my own biological children). She has made it quite clear that she wants my husband and I to raise her daughter. The main reason she wants this is because she sees how happy her daughter is with us. Birth mom see that we can give her a wonderful life, and she knows she could never give her the family life and upbringing that we can. Birth mom also knows and can clearly see that she herself is becoming part of our family. She can visit the child any time she wishes. She also knows that while we raise the child this will enable her to get done college and work towards a degree and she won't have to struggle so much financially. Mom has never used drugs, she only lost custody of the child because of lack of support. Birth mom told her case worker that she wants to go KLG. She told the case worker that she wants my husband and I to become the legal guardians and raise the child while she still has limited rights. The case worker told her its too late since the permanency hearing already took place. The permanency hearing took place only in the beginning stages of our meeting and our relationship hadn't had the chance to grow into the trusting relationship we have now. Birth mom hadn't yet seen the child with our family at the time of the permanency hearing. So much has changed since the permanency hearing. It is really too late? In actuality, reunification took place last week and the child is still with me. Mom did not abandon her, this was an agreement we made until we can become the legal guardians. Does any one have any advise on these unusual circumstances? How can we go about the process of becoming legal guardians and birth mom still have limited rights? KLG would have been a great option. We would receive a monthly stipend ( however I would become legal guardians without that, dont' need it) but some of the nice things about going KLG is that daycare would be covered as well as medical insurance and possible college scholarships. Both bio mom and I want whats best for the child, we are just not sure how to go about getting legal custody. Any advise would be great.[/FONT]
Like
Share
Reunification has already taken place. The CW is correct. It's too late for subsidized-KLG. Even if you had formed a close relationship w bio mom before permancy hearing, it doesn't mean DCPP or the judge would have agreed w KLG. Not if both felt RU was possible.
You can pay a private attorney to prepare legal guardianship papers. The atty can only represent you. Mom would need her own attorney. There would be no subsidy.
I think some county courts have forms online for do-it-yourself temporary legal guardianships. A judge signs off and you're good for enrolling in school etc.
But there would be no DCPP involvement.
Something would have to happen (God forbid) to make the girl re-enter foster care. But that would be a new case with new timelines and you can't even be 100% sure they would place child with you.
Advertisements
Heres a few other ideas:
Contact the child's law guardian and explain what has transpired and that the reunification really only happened on paper - not reality. Explain that mom has changed her mind and would rather enter a KLG arrangement. Ask the LG to contact the mother's attorney and ask to do a motion for reconsideration by consent. Its never "too late" to change things, especially when its by consent.
If that doesnt work, you can do a "private" KLG through the Kinship Navigator program. You should be able to google that and find the contact number for your county. You are eligible to petition the court for a private KLG if the child has been in your home for consecutive 12 months, BUT the caveat is that the DCPP case must be closed. So if the first option doesnt work, you might have to wait a little bit until they officially close out the case in order for you to proceed. Under private KLG there can be some subsidy but you must qualify financially, unlike through DCPP when the subsidy is automatic without regard to your income.
FYI - under KLG through the Division, the child's daycare payments do not continue after the KLG goes through. If it makes you feel any better, you are therefore not forfeiting that benefit by going private vs. through the Division.
I still say its worth trying to get it through with the Division though.