Trying to adopt BIL's nephew--do we have any rights? Thank you!

From my (limited) experience and from reading on here family and even fictive kin trump all foster parents. If CW is aware that you are interested and they are on the road to TPR then the ICPC would be next and apparently the longest step. The fact that you are already licensed is a total bonus! Technically biomom doesn't get a say in where her child is placed because she doesn't have custody. She can't make good decisions for her child and that is why he is in the system. How old is the little guy?

I'm confused then because everyone is making it sound like we are just out because the mom wants him to stay local. He's 3.5. And never had permanency!!! Thanks for your help!

Have you contacted the cw and expressed your interest? I think you'll really have to stay on top of this. They will place him wherever is easiest for them. I would offer to transport for visits until TPR if that is a worry for mom.

If it's not going towards TPR then most likely they won't want to place with you because that would hinder visits. You need to call the CW and find out why you are not being considered because it may be as simple as RU is the plan.

RU isn't the plan as I understand it. Actually I have heard TPR is set for Oct. The grandparents are worried that after TPR they won't get a say anymore. After TPR would we not be "family" anymore? We live on the other side of the country so I can understand that she is hesitant to place him out here (although just because a family adopts him in her area doesn't mean they will stay local! Seems like a shortsighted rubric to me). They did open the ICPC with us, but now that the mom wants him to stay local I think that has stalled. I feel like we have been pushed to the back burner in favor of strangers. But I have called and emailed the CW, her supervisor and the CASA and they are all aware of me. Actually, I can't say why but the CW doesn't seem to like me (perhaps she has her own ideas of what she wants to happen and I'm a nuisance for them). Also, there is a court order that they consider us... but they said that they might still. No reason was given--perhaps because the mom changed her mind? perhaps because we are distant family? I'm curious if one of the reasons is because we are more distantly related (he's my brother in law's nephew). But he would have very regular contact with his aunt, uncle and cousin out here and we have very good relationships with his grandparents (one of whom he is living with right now). Thanks for your input!

TPR Is termination of parental rights. You have no "rights" per se to the child so it would not affect you. It may be too late at that point to get placement though as you should have been going thru the ICPC process before that point. You may want to call the CW and ask your specific questions to him/her. We also live on other side of country where our daughter was placed with a foster home however they can do an ICPC and move the child to you! They just don't like that it's work so you have to stay on them about it. I know in our case the bioparents had NO say as to where the child ended up because if they promised anything it would possibly void the TPR. The judge/courts left it up to DCF and CASA to decide.And there was family in that other state but either they didn't want placement or they couldn't take placement. We were the only family that was able. If you really want the child then I hate to say It but you may need to hire an attorney in the state the child is in. We had to do that, ended up having a hearing where the Judge refused to move her here before decision, however it ended up with us being placed on the case plan for placement and also DCF knew we were serious. Is there a CASA or GAL involved in case? They are a wealth of information. Our CASA would send us court documents via email so we could stay up to date. I'd find that out and ask them.