Custody Paper?

Don't have many answers for you. But I suspect one of the considerations would be trying to keep siblings together.

we are trying to get both children, she was just trying to get a head start on the infant, since the little boy was in cys custody.

I'm not sure about the first part of your question, and I'm not in your state, but I think CYS would be naturally and understandably concerned about the people biological parents associate with, especially if drug issues and instability are why the kids are being removed for in the first place. The biological parents of our foster kiddos have come up with TONS of people for them to be placed with instead of us when their kids were initially removed from their custody. Only a few immediate relatives have been approved and custody ultimately transferred because all the people the bio parents suggest take their kids have the same problems they do. I'm not saying that's what's going on with YOU, but that I believe is the concern.

If an older child is already in state's care, they will typically try to place any children born with that same placement. Not the other way around which is what you seem to be stating if I'm right. You want the baby and then try to get the older child correct? They will not uproot the child that has already been in the care of these foster parents. Are you a licensed foster/adopt home? If so, this may all work out in the end IF the foster home with the older child does NOT want to adopt. If you are not licensed, then the chances of you getting either of these children are slim as the bioparents requests are typically null and void. Kim

No, I understand they want to keep the kids together. Our goal is to adopt both of them. Both parents want us to adopt these children, but CYS is trying to do what they want with them. We are certified and the closest to "family" that they have as a resource, but like i said, CYS is trying to do what "they want", and seriosly not what is in the best interest for these kids, in my opinion anyway. I have someone looking into all of this...I am hoping we get to the bottom of this, ths week, it has all been going on for 6 weeks now.

I'm not sure that you understand that what the parents want is null and void as their child was removed from them, not placed for adoption by them. The reason the form would not be upheld is probably because the baby was actually a ward of the state at birth. Most bioparents who have children removed who are in care will have a new child removed immediately following birth. So, technically, this mother never had parental rights to this baby to sign it over to you or anyone else. Which would explain why her lawyer told her the form would not hold up in court. This older child has been in a foster home for how long now? At least 6 weeks from your post? Which means they are not going to uproot him and place both he and the baby with you to please the birth parents. They will most likely place the baby in another foster home.... hopefully, the one the older child is in. The fact that you are the closest thing to "family" may actually hurt your chances as the previous posters stated that "friends of the parents typically have the same problem the parents do". So even if you are nothing like the parents, the fact that they so adamantly want you may in fact hurt your chances. KWIM? I think you should let CYS know that you are available to these children and then let it be because fighting them is probably hurting you odds. Kim

Both kids are in the same foster home. CYS knows we are interested in both children, and know we are certified foster parents/to adopt. CYS has all our clearances, home study everything, they all ready called our agency so this is considered an open referrel with out agency at this time. At one point, CYS call me and my agency to talk things over and at 1 point we were going to get both kids wit in 2 weeks, then all the sudden it changed,. But...they knew right up front who we were who we knew the bmom. We are not related, it is my friends relative. So, we are "waiting and seeing". The oldest child has been in foster care since 2 weeks before Christmas.

Well, since you're not related to the children-you don't have any "say" as to where the kids go. And although the parents of the babies may specify that they want you to adopt, it's the judge overseeing the case who decides where the children live-NOT the parents. The parents don't have custody. They probably have a caseplan for services in order to get the kids back. In order for the kids to be moved to you as an adoptive placement, they have to go to court. This takes time. The parents have to do a surrender of their parental rights . This takes time. Then CYS, the judge, and the children's lawyer have to all be in agreement that the children should be with you. If an actual family member comes forward, that person will be considered before you. Also, if the children have been with a current foster parent for more than 6 months (or a year in some places), they will be preferred over you. Or maybe, just because the children are living in the foster home and have a bond with the foster family, the foster parents will be considered over you despite the fact that it hasn't been 6 months or more. Just because the parents said they would like you to have the kids doesn't make it happen. MANY different people (the court, CYS, and the attorneys involved) ALL have to agree to this move before they can consider transferring the kids to your agency. Also, depending on the bio family's history, the court may NOT want the children living with a family friend. They probably have a "no unsupervised contact" order in place.