Foster/adoption help

There is a strong perference for siblings to stay together. However, I know of at least two cases where long term foster parents were allowed to adopt the siblings that had been in their own. My adopted daughters have 2 siblings who were adopted by the foster families that had them. My friends adopted the 2 siblings who lived with them for 4 years. It took several years for this to happen. The state looked very hard for a family to take all of the siblings before finally seperating the siblings. It is important for siblings to remain together. However, I do think there are times when a child has been with a foster family for a long time, it is more deteriminal to the child to lose that bond then to be seperated from barely known siblings. The state of Oklahoma doesn't always see it that way. If you want to adopt just the 2 girls you have, be prepared for a long wait. They will work very hard to find a placement that will take all the siblings. If they find one, that placement will be given preference. One thing that will work in your favor is being willing to maintain sibling contact. Let the social worker know you will have visits with siblings adopted by other families. Then once the adoption is finalized, follow through with this commitment. My daughters have a brother whose foster, now adoptive mother, promised contact. Once she finalized the adoption she refused any contact. It broke my daughters' hearts. Good luck.

You have a lot of rights, but you need to get moving. How good is your relationship with the caseworkers? Are they in agreement with the GAL? I would be surprised. Clearly, the GAL is either not up to speed on the totality of the situation or does not really understand how the state definitions of best interest fit it. It might be a good idea to contact the cws and request a meeting with them, the GAL and the department attorney to talk about options and see if people can't get on the same page before going back to court. You have a right to be heard in court. If I were you, I would get my own attorney and have him/her at least brief you on where you stand in the law before meeting with the others. Bringing the attorney might be costly, but worth it if you don't understand the law and feel very comfortable with him/her. To find one, you might get a list of privately practicing family law attorneys who also serve as GALs and are familiar with local practices and courts. Most will give you a free consultation then charge by the hour after that. This is a good place to start investigating your childrens' rights and yours: Here is some of the information you'll find there: OklahomaChild WelfareCourt Hearings for the Permanent Placement of ChildrenPersons Entitled to Attend HearingsCitation: Ann. Stat. Tit. 10, ǧ 7003-5.6dThe Department of Human Services shall provide notice of a hearing to: [LIST][*]The parties[*]The current foster parents of the child[*]The child's guardian ad litem[*]Any preadoptive parent or relative providing care for the child[/LIST]A right to be heard at such hearing shall be provided by the court to the current foster parents of a child, the child's guardian ad litem, and to any preadoptive parent or relative providing care for the child. Such notice and right to be heard shall not be construed as requiring any foster parent, preadoptive parent, or relative to be made a party to such action. Determinations Made at HearingsCitation: Ann. Stat. Tit. 10, 7003-5.6dAt the hearing, the court shall: [LIST][*]Determine the most suitable permanency plan based on the child's need for a permanent placement[*]In an age-appropriate manner, review with the child the proposed permanency plan[*]If the child is age 16 or older, review the independent living plan[*]Determine whether the child should be returned home immediately or by a specified date not to exceed 3 months[/LIST]An order to return the child to his or her home shall enumerate the specific factors, conditions, or expected behavioral changes that must occur by the specified date before the child may be returned home. Before a child may be returned home, the court must find that: [LIST][*]The parent, legal guardian, or custodian has made marked progress towards reunification with the child, and has maintained a close and positive relationship with the child.[*]The parties have complied with, performed, and completed the terms and conditions of the court-ordered individual treatment and service plan and have corrected the conditions that caused the child to be adjudicated that are essential and fundamental to the health, safety, and welfare of the child.[/LIST]Determining the Best Interests of the ChildFor the purposes of the Oklahoma Children's Code, the Legislature recognizes that: [LIST][*]Parents have a natural, legal, and moral right, as well as a duty, to care for and support their children, and such rights are protected by State and Federal laws as well as the Constitution. To that end, it is presumed that the best interests of a child are ordinarily served by leaving the child in the custody of the parents, who are expected to have the strongest bond of love and affection and to be best able to provide a child those needed qualities that make a child's life safe and secure. Nevertheless, this presumption may be rebutted where there is evidence of abuse and neglect or threat of harm.[*]A child has a right to be raised by the mother and father of the child as well as a right to be raised free from physical and emotional abuse or neglect. When it is necessary to remove a child from a parent, the child is entitled to a permanent home and to be placed in the least restrictive environment to meet the needs of the child.[*]Because the State has an interest in its present and future citizens as well as a duty to protect those who, because of age, are unable to protect themselves, it is the policy of this State to provide for the protection of children who have been abused or neglected and who may be further threatened by the conduct of persons responsible for the health, safety, and welfare of such children. To this end, where family circumstances threaten the safety of a child, the State's interest in the welfare of the child takes precedence over the natural right and authority of the parent to the extent that it is necessary to protect the child and assure that the best interests of the child are met.[/LIST]Citation: Okla. Stat. Ann. Tit. 10A, 1-1-102(C)-(E) (LexisNexis through 2009 1st Reg. Sess.) Statute Text:Whenever it is necessary for a child to be placed outside the home pursuant to the Oklahoma Children's Code, it is the intent of the Legislature that: [LIST][*]Each child shall be assured the care, guidance, and supervision in a permanent home or foster home that will serve the best interests of the child including, but not limited to, the development of the moral, emotional, spiritual, mental, social, educational, and physical well-being of the child.[*]When a child is placed in foster care, the foster parent shall be allowed to consider the child as part of the family.[*]Whenever possible siblings shall be placed together, and when it is not possible, efforts shall be made to preserve the relationships through visitation and other methods of communication.[*]Permanent placement is achieved as soon as possible.[/LIST]A foster parent has a recognizable interest in the familial relationship that the foster parent establishes with a foster child and shall therefore be considered an essential participant with regard to decisions related to the care, supervision, guidance, rearing, and other foster care services to the child. It is the intent of the Legislature that the paramount consideration in all proceedings within the Oklahoma Children's Code is the best interests of the child. Citation: Okla. Stat. Ann. Tit. 10A, ǧ 1-1-102(B) (LexisNexis through 2009 1st Reg. Sess.) Statute Text:It is the intent of the Legislature that the Oklahoma Children's Code provides the foundation and process for State intervention into the parent-child relationship whenever the circumstances of a family threaten the safety of a child and to properly balance the interests of the parties stated herein. To this end, it is the purpose of the laws relating to children alleged or found to be deprived to: [LIST][*]Intervene in the family only when necessary to protect a child from harm or threatened harm[*]Provide expeditious and timely judicial and agency procedures for the protection of the child[*]Preserve, unify, and strengthen the family ties of the child whenever possible when in the best interests of the child to do so[*]Recognize that the right to family integrity, preservation, or reunification is limited by the right of the child to be protected from abuse and neglect[*]Make reasonable efforts to prevent or eliminate the need for the removal of a child from the home and make reasonable efforts to return the child to the home unless otherwise prescribed by the Oklahoma Children's Code[*]Recognize that permanency is in the best interests of the child[*]Ensure that when family rehabilitation and reunification are not possible, the child will be placed in an adoptive home or other permanent living arrangement in a timely fashion[*]Secure for each child the permanency, care, education, and guidance as will best serve the spiritual, emotional, mental, and physical health, safety, and welfare of the child[/LIST]Good luck.