Foster Home Closing

I am not sure I understand your question. A foster home could be closed because it is full--or the parents have stopped accepting more children...In Oregon there is a limit to the number of ALL children in a home so once that many children are there the Foster Home would be closed....An adoptive home can close because there is a pending adoption also in Oregon it is standard practice to NOT place any more children for at least a year after children have been placed for adoption.... As for why would a Foster home shut down.... if that is your question.....There could be a million reasons.... Not all of them are horrible it could be something like the foster parents have an illnes--or they retire--or they want to take a year off....

I am looking for the legal reasons that CPS can close down a foster home, meaning that they remove all of the foster/adopt children. My sister and her husband, who have fostered numerous children, have recently had their foster children, who were slated to be adopted, removed from their home. CPS is refusing to let them come home, because they have "closed" their foster home. CASA is still fighting for the return of the children, as well as many different organizations that work with their family. In order to help, I am researching the legality of CPS' decision. We feel that this was a decision based on past issues not on what is happening right now. If anyone knows how I can find the legal resons, that would be GREAT!

Well, children in a Foster home are not always placed for adoption in that home....Some people do believe that Foster children who have a plan for adoption will be left with the foster family but there are actually many many resons that may not happen.... A Foster Home could be closed if one of the children makes an aligation of any kind of abuse.... The home would be closed without warning and there is not really an obligation for the State to prove or not--the simple possibility could cause the State to move their children someplace else.... An outside person could make a report that causes the state to move their children--instead of doiing an investigation. In some cases it might be easier to move the children and close the home rather then investigate. The problem I see in fighting the system is that the children who are in Foster Care belong to the state and not to the Foster Family.... And even more so if there has been a Termaniation Of Parental rights. The Foster family has NO legal right to the children in Foster Care and even a pre-adoptive family has NO legal right to the children until the adoption is final. The state is the legal parent with all the power that includes. I believe that the Foster Families understand when they start offering their home that the state can close it at anytime with or without reason or cause. Some foster families have been closed for the fact the Foster parent is emotionally unstable. This can happen if a child is placed and the Foster Family is unwilling to work on reunification with the biological family--relatives or with the per-adoptive family. Our children were in a foster home where the family wanted to adopt one of the siblings but not the other--They went through the whole process and then agreed to take the other sibling--but the State decided to place both of them with us... When we went to start the process of moving the children the foster mother had an emotional breakdown and would not let go of the baby.... The Foster home was closed to any future children under five years of age because the state decided the mother was not able to let the young ones move on... The is NO promise made by the state that the Foster Family will be the adoptive placements. Most states have ways that Foster Families can petition the courts and become equal to other biological families and have a better chance for an adoption to happen.... But ultimatly most states have proceedures for adoptive placments which disallow one caseworker from making a final decision. So one caseworkers promise really means nothing. Does your sister have any idea what on earth happened? Was the childrens caseplan already adoption or was the state looking for relatives? Before children can be adopted by non-family members the state has to check on relatives and if a suitable family member is found the state is required to place the children with that family member no matter who else wants them or has bonded with them. I am actually most concerned that the way you describe this situation there was some kind of alagation by someone... The state generally will not suddenly move children even from one foster home to another because it has been proven sudden moves does cause the children some big issues.... Was there something that may have come up on the criminal history that had not been disclosed early on? The homestudy and history background checks for Foster Families is significantly LESS then that done for adoptive families. Is there a chance that the investigation to become a Foster family did not uncover some skelton in the closet that was later discovered with the Adoption investigation? As for having a legal standing I am not sure what rights your sister really has.... I am not sure of the 'due process' The states have pretty firm guidlines and usually need foster families and it is unusal for them to close a home..... There might be an appeal process I would contact the state Central office and find out what the appeal process is. Did the removal of the children happen after any kind of meeting or hearing?

There could be other things too. Keep in mind the children belong to the state....The foster Family is required to keep the state informed about Everything.... Failure to do so could cause removal too. 1) Failure to notify the state of an injury or call to poisen control. 2) Failure to notify the state of a trip across state lines even for a vacation of day trip. 3) Failure to notify the state of a school or social problem. 4) Not following the states request for therapy or for educational services. 5) Failure to seek dental or medical care, or not getting immunizations on time. 6) Failure to respnd to a request from the state or to update the paperwork the state sends every 6-months for the review hearings. 7) A report from the school that indicates lack of responce of concern on the part of the parent. 8) A report from the hospital about an injry that was not reported to the caseworker. 9) Failure to have smoke detectors or maintain the min. safety requirements of a Foster Home. 10) Children in a Foster Home allowed to sleep in the parents bed--or not provided with the kind of sleeping arrangement the state requires. 11) Reports of ANY kind of spanking AT ALL...Or any other kind of punishment not permitted with state children including Fodd being used in any way as a punishment or even as a reward. Foster Children may not have food used in any way as a punishment or reward. 12) Failure to Thrive--or lack of proper weight gain. 13) Criminal history of any memeber of the household including any biological children. 14) leaving the children in the care of a minor who is NOT a member of the household....For example the 16 year old biological daughter of the foster family can babysit but not the 16 year old neighbor girl. 15)Some states will NOT place children for adoption in a home where one parent is not a stay at home parent. 16) Some states require that foster children attend head start or some other day school situation in order to promote social skills.. 17) Failure to not follow the caseplan. 18) Failure to bring the children to a visit with the biological family. 19) Telling the children bad things about the biological family. 20) No cooperating with the state on the caseplan and efforts for reunification with the biological family. 21) Failure to update the homestudy or maintain proper certification. 22) Failure to keep meetings for post placement visit by the caseowrker. 23) A negative report on a reference the adoptive family has offered. 24) Failure to respect heritatage....or religion of the children. 25) Attmpts to change names before legally permitted. 26) Reports of any sexual misconduct in the Foster Home. 27) Community Memebers making too many reports of concern about the specific Foster Home. 28) The school/a teacher/ Scout Leader? Church memeber or any other manditory reporter making a report of concern about any form of abuse or neglect. 29) Imporperly used restraints...or withholding of care or food. 30) A new report that the parents may be involved in any kind of criminal activity. 31) Finacial stability--filing for bankruptcy or inability to pay bills. 32) Not using the Foster care payments to meet the needs of the child. (usually very hard to be accused of because the money is pretty small per child and most children need more from the Foster Family then they recieve.) 33)Some of the children in Foster care have emotional problems and make statments to outsiders about abuse and neglect and the Foster families need to be proactive about therapy. 34) It could be as simple as the State deciding the children will be placed in another home and the Foster Family having a melt down over this. 35) Only being willing to adopt one or a few of a sibling groups and another family willing to adopt all of them. As for legal rights of a Foster Family I believe they have very FEW. The state is NEVER required to place a child anyplace they choose not to... and they are not required to allow an adoption if the state makes a different plan. When it comes to the children in State care the State is the parent...the Foster Family is a HIRED help the states pay to care for the children... THe rights a Foster Family might have would fall into empolyer/employee issues and not family matters. The state is not require to give people children they are required to give children families--the only issues the state is responsible for are the children the families needs wants and desires are NOT relavant in any case at all---I am not even sure the state is required to inform the family as to why they make a different choice.... I am really sorry about the situation you sister is in....

I thank you for your response it was very informative. My sister and her husband have seeked the opinion of a lawyer. Because the children were with them for over a year, and because they had signed intents to adopt the two children they have legal standing in the courts. So they are going to attempt to go through the legal system. On top of it CASA and the children's attorneys are recomending reconsilation with my sister's family. Both of these children's biological parents reliqueshed their parental rights with the understanding that my sister and her husband would adopt. There were no relatives that were either (1) fit or (2) that wanted them. As far as the criminal history goes, my sister and her husband just finished adopting two beautiful girls through the foster system less than 8 months ago. There was some conterversy since my sister and her husband are white and the two girls are hispanics. Some in the foster system did not believe that they would be good parents to hispanic children. They wanted the children to go to hispanic parents, but I can tell you that my sister has gone to all kinds of lengths to keep the girls culturally involved. As far as for all legal reasons, and according to their lawyer, CASA, and the children's attorneys, CPS had no grounds to close down the home. They also should not have moved the children that were so close to adoption. One was less than a month away from being adopted. As for the actual foster children in the home, my sister and her husband are not seeking their return. They realize they have no legal claim to those children. They also realize that if the two adopted children are returned, they will adopt them and get out of the fostering system for good. I will leave you with one small fact about our area of the state. Three years ago there were 42 foster families, today there are only 16. They have lost over 25 families in the last three years. That seems like an enormous amount of families either choosing to get out or being closed down, especially when you concider that there are many children that are being left in shelters for over three months. I think I have all of my questions answered, but if you find it in your heart please pray for my sister and her family. One of the adopt placements has been with them since birth, and the other one since 19 months. My sister and her husband are Mommy and Daddy to these two. The youngest has stopped eatting, and the little girl keeps asking when she can go home. As well as the two that are already adopted are crying themselves to sleep and questioning the existance of a God that would tear their family appart. If it be God's will that they are returned, please pray for their speedy reconcillation. Thank you again for all of your concern! I find it ironic that your handle is HappyMommaAnna, because my sister's name is Ana too, and she too was a happy momma just a little over a month ago.

I recently found out that a home can be closed for a DWI ticket as well. I found that surprising. Please let us know what happens with your sister, I find it disgusting that CPS could get away with something like this. How horrible for the children and your sisters family. They are in my prayers.

You found it surprising that driving under the influence could result in a license revocation? If a foster parent is making the irresponsible choice to get behind the wheel while intoxicated, then they certainly dont need to be responsible for the care of children, but thats just my opinion...

I don't personally drink but I know that the limits have recently changed and if going out and having a drink at dinner (without children along of course) could get your license revoked then yes, I was surprised. Not everyone that gets a DWI is driving erratically or falling down drunk, if you have a drink at your friends house and get pulled over for a tail light being out you could also loose your license. That seems harsh to me. But that's my opinion.

Thank you stepforone for your support of our situation. The foster parent association in this area is seeking a peer review. My sister and her husband go in for the intial meeting tomorrow. We hope that it will go well. The kids are really the ones to be praying for here. The two babies that were removed asked daily to come home to mommy and daddy. The two kids that were left in their care also ask daily for the return of their sister and brother. So please also keep them in your prayers. Thanks and God Bless,

Please keep us updated and this is heavy in my prayers.... Anna

Thank you all for your prayers, unfortunately they have not worked. Today CPS told them that there was NO way at all they would re open their home. So now it is to the judical system to find away around all of their red tape. I will keep this situation updated. Thank you again for all of your prayers. :(

I'm so sorry. Did they ever find out exactly why the home was closed? I think it is everyone's worse nightmare and something none of us like to hear about - especially so close to an adoption. God help those poor children, they are probably so confused right now. My thoughts are with all of you and good luck with the lawyer. Please let us know.

I too will be praying for a speedy resolution for all involved bumpkin

I know having kids removed is hard but to give some light here. All foster parents are under strick confidentiality and sharing any info about children being removed or why the children are in foster care can resault in termination of your foster care lic. This is a good sight to chat on but be wise and stay quite. You would be amazed on what the state department will come up with on foster parents if they want to remove a child. Just because a child is placed in your home for adoption doesn't mean you will adopt. If your kids change social workers and you and the social worker don't get along she can find a reason to take your kids. Most foster parents get three chances before they loose there lic. altogether. They receive a formal complaint to there lic. person and they do an investigation and the foster parents will receive the complate in writing a foster parent can not take in kids until the the investigation is over. Every time you get a complait it is done the some. 3 complaints and your out. I can say this the amount of info you have released in this sight would be enough to remove the kids. This is because they are not alound to talk to family about these things because it falls under confidentiality and that policy is a federal policy that is the some in all state. I recomend that your family see a councler or therepist while they go through this. This is a safe zone for them to talk about there frustrations. The more they take to people about there frustrations the deeper they fall. Leaning on family is good but if family repeats conidential info you have given them you can be in searious trouble. NOTE: the state has to give the foster family in writing why the children are bieng removed whether they understand this reasoning or not it is in writing.