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My foster son has been denied IV-E funding. We are being told that it is because both of his parents were in the home when he was removed so therefore they are saying his is not a deprived child.
My question is if anyone has ever appealed the decision they were given and did you get the decision overturned. Any help or advice in this matter would be greatly appreciated.
I am very tired of the state not wanting to help these poor children who are going to need services for a good part of their lives for the trauma they have been through. They are cutting the foster care per diem, not wanting to give federal assistance and I have been put on a waiting list for state funds but am being told by many sources that the account has NO money in it so do not hold my breath waiting for any funds becuase probably won't happen. I am just very upset over the whole situation.
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I also was told the same thing about IV-E.
and.. this child never WENT HOME! He has been in state card since birth. I can only assume that they consider it as having been taken from both parents and they were living at the same address.. I hope you get any answer to this..
Im also wondering. Are you adopting now? And has your attorney given you any insight?
I am speaking to one this Friday.. and hope to get at least a glimmer of an answer.. Good luck to you!
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Yes we are currently adopting our son. We did contact our attorney but apparantly the $1500.00 that the state pays her is for the filing of the paperwork only and nothing else. So if we want her to help us with the appeal she wants to charge us a huge hourly fee so we are doing it ourselves. She did make some suggestions and what she suggested are areas that I was already checking into. She told me that I would most likely not get the decision overturned, well watch me try. I am just very upset with their reason for declining him. They do not consider him deprived. Okay if he was not deprived why was he removed from the home, why did the bio parents rights get terminated and why is he a ward of the state. His bio father is a registerd sex offender and was not to be in the home anyways. His 3 siblings all qualify but not him due to the fact that his father is his bio father and not the other childrens. The state just looks for any reason not to help families care for these children. Then we are put on a state waiting list for funds that will most likely never be there to help with the children. Like I had posted in another forum it is an insult to us as adoptive families!!!
Please share when you talk to your attorney, I am curious what they tell you and good luck to you also...
If I hear of any suggestions I will definetly post....
Your arguement is identical to mine I think!! In my case. deprived begining at conception in my opinion! I had been trying to think of questions to write down so I wouldnt forget. I seem to forget things when it is most inportant. I may try to print this.. and put it in my little folder.. so that I remember.. and have the facts straight of what I am asking! I did wonder about "extra" fees.
I have also wondered if in my situation again, the mothers contribution to income. since I know dealing in prescrition drugs is the only job she has ever had. and Dad.. works at 7-11.. so, they would have been totally without assistance IF the poor little guy went home with them to live?? THAT thought.. makes me cringe!!! Ill let you know anything at all enlightening to these wonders.
I have however heard before from some.. that these are possible to overturn. However every situation is unique. They have to add that.. CYA ..
update.. on attorney appointment. While it all went well. she ( attorney) was quite confused about why there has been no work done on completing this adoption. She said that while there is no real time frame after TPR. They are suppose to make reasonable effort towards permanency for any child. In my case. I already have a court document signed by a judge naming me as the adoptive party. However..once a petition for adoption has been filed. The dept has 60 days to respond. as in. getting paperwork together and sending it to the state. This issue I guess I have no one to blame but myself. I guess I should have gotten an attorney way back in July. I told her that I was only taking direction from them on what the next step was. Even though every time I ask I am told that they will let me know when they need me to do something! I thought they knew what they were doing. Apparently, they do, and buying themselves time by 'shelfing " me has been their goal? I did tell her that I myself could have saved this state several thousand dollars already if they had moved forward! Hopefully soon.. the budget will have my portion of foster payments to share with others. I wonder how many others are getting a run around like this?? Hopefully, there are others smarter and dont take DCS to seriously about knowing all they should.
In regard to subsidies.. she couldnt tell me anything yet on this subject. She needs to see his file. We arent sure if it has been determined yet. All I had to go on was the say so of CW.. and that hasnt been very relialble it seems!
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Good luck!!With our older 3, they were going to deny them b/c bio mom claimed at the time of removal she had full time employment. Well, I should say 2 weeks after removal b/c it took her that long to go to DCS to find out where her kids were (left them home alone). Then she proceeded to disappear for the next 2 years. Later, when she finally came back and testified in our contested adoption (bdad), she admitted to having no job then, or in over 6 months prior to removal. I'm not sure what strings CW pulled, and not sure they were all legit, but she did manage to get them approved since she legally testified in court that she had no employment. Our beef was that of course most bios are going to LIE at the time of removal about all kinds of details b/c they think that means they'll get their kids back right away. Of all things to base it on, that should not be it!