"It's a Process"

Make sure the gal knows of your intentions that you would like to be considered they can be a great help depending on your gal. If you need additional info PM me...

2 months is too long. I would contact the SWs supervisor, the GAL, and CASA (if there is one). if no one will listen, you should speak with a adoption attorney Have they let you visit yet? I, too, was a relative out of state.. I know how frustrating it is. One thing that helped us was getting licensed to be a foster home. it helped prove we were committed and serious and allowed DD to move in prior to TPR. good luck! oh, and yes.. there are foster homes who feel we are the enemy. Most of that is due to their own feelings of loss. When CWs set the wrong expecations and do not communicate the information about us, it is easy for them to think we're irresponsible, taking forever to decide, and not serious. Dialogue on this site helps, I think. But there's only so much we can do

She is jerking your chain, probably trying to get to 6 months when the fps can file as de facto in CA. She is also violating California law: Relative Placement for Foster Care and GuardianshipCitation: Welf. & Inst. Code 361.3In any case in which a child is removed from the physical custody of his or her parents pursuant to ǧ 361, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative. For purposes of this section:[LIST][*]''Preferential consideration'' means that the relative seeking placement shall be the first placement to be considered and investigated.[*]''Relative'' means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words ''great,'' ''great-great,'' or ''grand,'' or the spouse of any of these persons even if the marriage was terminated by death or dissolution. However, only the following relatives shall be given preferential consideration for the placement of the child: an adult who is a grandparent, aunt, uncle, or sibling.[/LIST]She's in the wrong, but it is important to be as civil as possible and appear as eager to work with the agency as possible for as long as possible. You want them to know that you expect them to follow the law without creating enemies if you can help it. Everything you say should be in the context of the protections the law provides the child and the child's need and legal right to be raised by family when possible. Try to avoid demanding "your" rights to the child--you don't really have any. The preference is given for the benefit of the child, not because the child is some kind of property of the family. What is the court-approved plan for the baby and parents? Is it RU, RU concurrent with adoptive placement, or going straight to adoption? Be prepared for the visitation argument. If the goal is already adoption or even concurrent RU w/adoption, they really have no excuse. Your answer to that argument is that ICPCs take months to go around. They are, however, good for a year after approval. Having an approved ICPC does not mean that a court has to approve moving the child. There is no reason to not start one now if it MIGHT be needed later, after visitation is no longer an issue (if it is, it might not be depending on the plan). Because the law requires you to be considered for placement and the ICPC process must be done for that to happen (it requests your local agency to investigagte and approve you for placement), the law REQUIRES them to start it immediately regardless of any barriers to changing placement at the moment. Call the director of the agency today. Tell her or him the date you found out the baby was in care, the date you first contacted the first cw and requested placement, how many times you've contacted her and the second one since, their failure to start the ICPC--which is the investigation process for out of state placement--and state that you expect to be considered for placement and an ICPC started immediately in accordance with the statute above. Then e-mail that same person summarizing and documenting the conversation. Be sure to cite the statute again and note that the ICPC is the investigative tool that must be used for an out of state placement for both foster/kinship care and adoption. Again, if the goal is already adoption, there is absolutely no reason to not have started the ICPC. Find out the name of the guardian ad litem (GAL, usually an attorney), child's attorney if not GAL, and CASA (court-appointed special advocate, usually not an attorney) if there is one assigned to the case. Call all these people, tell them your story, and document again through e-mail. The cw and/or agency director should give you this information, but if not, contact the Dependency Court (I'm not sure, but I think that is where the case would be heard). Get an attorney for yourself (you can't hire one on behalf of the child) in the jurisdiction where the case is being heard. To do that, again check with the Dependency Court for a list of attorneys they use for GALs or children's attorneys that also have a private practice. Then call and ask for a free consultation. Usually you can get a 1/2 hour. Be prepared to tell your story CONCISELY so that most of the time the attorney is able to tell you what the legal options are, what usually happens in that court, what he/she can do for you at any given time, and how they charge (usually their hourly plus a lower hourly rate for clerical stuff plus a few flat rates for filing certain documents). Be aware that you often get charged pretty much twice for every conversation or e-mail after that--the attorney's fee and the inevitable letter documenting what you all said. Talk to a few and you'll soon know who knows their stuff and the court and who you feel comfortable working with. Some are ka-ching ka-ching, look for those who are up front about what they can't do and what you can do for yourself now. I was able to get good guidance that carried me the TPRs and appeals without any charges until it came time to file the adoption. At the least, if you can find one who seems to know their stuff and that you're comfortable with, ask if they can write a letter requesting consideration for placement and the start of an ICPC immediately as required by law. Be sure the court (judge) and all parties, including GAL, CASA, prosecutor, and parents' attorneys are copied on it. If you can get such a letter out early next week, it just might shake everything loose. Get busy at home, too. Contact your local social services agency and start the process to becoming a foster parent. That may make getting your homestudy done much more quickly much easier...then, when the ICPC hits the local office, you are already approved. You will also learn a lot about how the law works generally and in your state -- which will give you a guide as to what to look for and how to read CA law -- and provide you a support network of social service workers who think you're great :) and want to have your back if need be. Be very careful of any offers to transfer custody or grant guardianship. If that comes up, be sure to come back here but please post or also post in Relative Adoption under Adoption or on the foster care boards...I only saw this post today because it appeared in the daily roundup. Here are some other things in CA law that might be helpful to know as you go along: Requirements for Placement with RelativesCitation: Welf. & Inst. Code ǧ 309(d); 361.3In determining whether placement with a relative is appropriate, the county social worker and court shall consider the following factors: [LIST][*]The best interests of the child, including special physical, psychological, educational, medical, or emotional needs[*]The wishes of the parent, relative, and child, if appropriate[*]Placement of siblings and half-siblings in the same home, if that placement is found to be in the best interests of each of the children[*]The good moral character of the relative and any other adult living in the home, including whether any individual residing in the home has a prior history of violent criminal acts or has been responsible for acts of child abuse or neglect[*]The nature and duration of the relationship between the child and the relative and the relative's desire to care for and provide legal permanency for the child if reunification is unsuccessful[/LIST]For a relative to be considered appropriate to receive placement of a child, the relative's home shall first be approved pursuant to the process and standards described in 309(d). An assessment of the relative's suitability shall include:[LIST][*]An in-home inspection to assess the safety of the home and the ability of the relative to care for the child's needs[*]The results of a criminal records check[*]A check of allegations of prior child abuse or neglect concerning the relative and other adults in the home[/LIST]Relatives Who May AdoptCitation: Fam. Code ǧ 8714.5 It is the intent of the legislature to expedite legal permanency for children who cannot return to their parents and to remove barriers to adoption by relatives of children who are already in the dependency system or who are at risk of entering the dependency system. A relative desiring to adopt a child may, for that purpose, file a petition in the county in which the petitioner resides. For purposes of this section, ''relative'' means an adult who is related to the child or the child's half-sibling by blood or affinity, including all relatives whose status is preceded by the words ''step,'' ''great,'' ''great-great,'' or ''grand,'' or the spouse of any of these persons, even if the marriage was terminated by death or dissolution. Requirements for Adoption by RelativesCitation: Fam. Code ǧ 8730; 8732If the prospective adoptive parent of a child is a foster parent with whom the child has lived for a minimum of 6 months or a relative caregiver who has had an ongoing and significant relationship with the child, an assessment or home study of the prospective adoptive parent may require only the following:[LIST][*]A criminal records check[*]A determination that the adoptive parent has sufficient financial stability to support the child and ensure that any adoption assistance program payment or other government assistance to which the child is entitled is used exclusively to meet the child's needs[*]A determination that the adotpive parent has not abused or neglected the child while the child has been in his or her care and will likely not abuse or neglect the child in the future[*]A determination that the adoptive parent can address racial and cultural issues that may affect the child's well-being[*]Interviews with the relative caregiver or foster parent, each individual residing in the home, and the child to be adopted[/LIST]A report of a medical examination of the foster parent or the relative caregiver shall be included in the assessment of each applicant unless the department or licensed adoption agency determines that, based on other available information, this report is unnecessary. The assessment shall require certification that the applicant and each adult residing in the applicant's home have received a test for communicable tuberculosis.

P.S. Request contact information for the foster family if they will release it so that you can find out how the child is doing and best prepare for placement. Also request visitation and get your fanny down there as often as possible to see the child and build your relationship with baby. If you don't come, they think you're not really interested. Besides, it is much better for baby if she has spent time with you. Do what you can to form a partnership for baby's well being with the foster family and avoid becoming their adversary. As much as our daughter's foster family loved her, they did advocate for us and the move once they knew us and saw how much we were willing to do to do right by her.

i think this is going to be the hard thing to fight...this baby is currently placed in a home with its half sibling. riverside will have a hard time justifying moving one away from the other....they don't like to seperate siblings. considering that, if i were you and planned on addressing the courts i'd be sure to include how i planned to keep the children connected to one another even though they are in different homes. are you willing to have an open relationship with the other family so the siblings could grow up knowing eachother?

?? I didn't see anything here about a 1/2 sibling in the same home?

different post. [url]http://forums.adoption.com/riverside-california-adoption/384550-icpc-riverside-ca-wa.html[/url]

Oh, I hadn't seen that or if I did, forgot. That might color things, yes. At the same time, it is a consideration listed in the context of placing with a relative, not in the context of not placing with a relative. It doesn't exclude this aunt. Also, the first statute I cited still applies. She is the first and only ADULT relative to request placement and must be considered and investigated first by law. The cw is violating CA law, I don't think there is any doubt about that. She might claim to have "considered" the aunt and discounted her, but she can't claim to have "investigated" since the investigatory tool is the ICPC, which she hasn't even initiated. Again, I wish people wouldn't put things into the context of who has a "right" to placement of the child. No one does because children are not property. The child has a right to placement in his best interest. CA clearly at the least prioritizes relative placement and seems to presume it is in the child's best interest unless a reason can be shown why not. The question is whether the child's bond to his half-sibling is more or less important to his continued well being than being raised within his own family. As for the two dad situation, not sure I follow--as in a partner of the brother of the 1st child's biological father or as in the brother and the 1st child's biological father? No concern if the former, but if the latter, maybe there should be concern if the conditions that led to loss of his rights haven't changed and he is in the home or taking the role of father. On the other hand, it speaks well for this family if they have stepped for a child unrelated to them but related to their son. Stepping up for someone else's child, especially someone who might pose an ongoing stressor (I'm thinking of the mother), is not so easy as many people think. They may not have been looking to grow their family but were willing to do so because of the need and benefit to both children. From the other post and this one, it sounds as if the op is doing everything right, just needs to be more assertive. A knowledgeable attorney local to the situation could give her a better idea of how things will shake out there, probably in the initial consultation I mentioned. I do agree, though, that if the family has adopted the half brother, it is worth op's time and trouble to try to also engage with them and see whether the child might do well to stay. It is very hard to be assertive enough to advocate for a child's right to family and get that into real consideration while at the same time remaining open to the idea that alternatives might be better, but it can be done.