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My friend had a report on her that she was useing drugs and because she was a recoving drug addicate they took the little girl and druged tested the mom and she was clean she is just very sick and that is why she has not got her back, but the mother asked me to adopted her because she may never be well anough to take care of her.... Does the mom still have the right to make that kind of desion or is it all up to the welfare. She has been in foster care for about 4 months
The little girl is 10 months old
please help!!!!!
I'm a little confused by the situation, but I'll see what I can do to help. First of all, is the mother sick with a terminal illness, or is it something chronic? I'd want to be absolutely certain that she really is making the best decision, and not just doing it because she is currently sick and depressed. If the ONLY problem is illness, I'm sure there are supports that could keep a family together. On the other hand, if the reports were proven false, why is the child still in foster care? While she is in the custody of the state, the mother does NOT have the "right" to choose someone to adopt her - although if she talks to her worker and says that she would like to voluntairly relinquish and have you adopt, they MIGHT thake that into consideration. You would still have to go through all the classes, pass a homestudy, etc. On the other hand - if she gets full custody of her child back, then she can have you adopt privately and that is much more simple and straightforward.
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I think stevenstwin is right about being sure the mother has thought her illness through.
I think it is possible that the state took custody simply because she is sick and unable to care for the child if there was no one else to take physical custody. In that case, there may be a finding of "neglect due to ...." depending on the state laws with no criminal neglect involved. If that is the case and her illness will be long term, debillitating (sp?), terminal, etc. then the state might well be interested in a targeted placement.
You have heard just her side of it, though, there may be more to the story. You want to be sure that she is not just trying to get her child placed with someone she deems friendly to her.
In either case, if this is something you want to do, it would make best sense to foster first, actually, you may be required to foster her first. This would enable you to be sure the match works for both you and the child and it would enable you to adopt her out of fostercare, ensuring her medical/mental healthcare through Medicaid through age 18, possible adoption subsidy to help you (if she is eligible), and other services such as FAPA support, possibly free state college tuition, etc.
Get a lawyer for yourself and be sure that the mother actually entrusts for adoption to the state so that you can adopt from the state. If she entrusts directly to you, the child may lose all benefits and services and the financial responsibility for all the ensuing legal work would fall on you.
Guardianship is a far lesser status than adoptive parent and usually offers far less support for the child and the child's placement. It may also leave you open to ongoing legal challenges by the parent or other biorelatives. Talk to a lawyer before signing anything.
Good luck to you and your friend.