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Has anyone ever hired - or ever heard of a case where a foster parent hired - a private investigator to collect evidence to be used in court?
I've had a "snow baby" in my care for last 15 months. In the past 6 months, the birth mom has been ordered to take a random drug test on 5 occasions. She passed 3, but didn't show up for the other two, claiming miscommunicatoin. The judge gave her a pass on that in court, which astounded me.
I spoke to an attorney about my case. Mostly I am frustrated that the biomom is so infrequently drug tested and that when she fails to show up for a test that it is not counted as a failed test.
The attorney suggested that I hire a private investigator and have that evidence turned over to DSS.
I have no idea what kind of evidence a PI might find, but I am curious to know whether anyone has ever used or ever heard of a foster parent using a PI. If you do know of a case like this, how was the use of a PI perceived in court?
I am particularly wondering what DSS and the judge will think of a tactic like that. My other concern is if the baby (now toddler) is returned to the biomom and she discovers that I used a PI that it will turn her against me and we lose all the goodwill we've built over the past 15 months.
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In my opinion, that would not be a good idea. It could be used against you. They might say that by hiring a PI you are not supporting reunification and might remove the child from your home. Doesn't this child have a GAL (Guardian Ad Litem), an attorney to look out for the child's best interest? That would be the person you need to speak to about this. I've gotten to know my kids' GAL very well and he knows what their parents are doing or not doing and he's the one who goes to court to let the judge know what's going on as well as CPS workers. Just my opinion... Good Luck!
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With *A's* case HER attorney hired her own PI to investigate bio mom since bio mom was getting all flaky with visits and what not a while back. The PI showed up to her house unannounced periodically over the course of a week I believe (at least that's all I was told) and did not discover anything significant that could be used against the mom in court so as far as I know they dropped the PI. The plus side to a PI however, is that they can show up at all hours any day of the week unlike the CW's unannounced visits that happen typically between 9-5/Mon-Fri.
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We asked the DSS atty on our case about hiring a PI and he said that he'd love to do it but his budget didn't allow. I said we (pre-adoptive foster parents) would pick up the tab, but he said that he couldn't let us do that b/c at the TPR trial he needs to present us to the judge as unbiased and if it came out that we hired a PI, then that could count against us.
BTW, we have the same issues regarding screens: for some reason the judge is accepting excuses for missed screens. (MONTHS of missed screens.)
There's also no CASA advocate (our local court doesn't allow them) and our FS's atty is beyond useless.
What we HAVE had success with, believe it or not, is reading the police logs for the town where the BPs live-- they are published in the local newspaper. You never know what you'll find!