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I am very wary of discussing legal aspects of my FK's case on here, but I could use some advice.The TPR trial was moved back, and the trial date was replaced with a mediation meeting. According to CPS, TPR is a very likely outcome if this does go to trial. The hopes of the attorneys for mediation is that parents will relinquish and/or name family or fictive kin that can take the kids. CPS has been trying to find family for 9 months and haven't found anyone, so fictive kin is really what they're looking for. Apparently the bios have virtually no support system, but have been attending church lately. Their attorney advised them to befriend someone at church that they can name as fictive kin. Seriously?! These kids are very attached to us and I can't see how it could possibly be in their best interest to move them to a home with someone they've never met, and that bios barely know themselves. I wish we had some sort of relationship with bios so they'd be more comfortable with relinquishing to us, but that isn't how things work here. We have zero contact with them. So now I'm wondering if we need to hire an attorney and try to intervene or just get the attorney communicating with their attorney and maybe work out something? I'm waiting on a list of attorneys that someone is supposed to be sending me, and hopefully I'll be able to start talking with them next week. We've only had them for 4 months, but it will be 6 months by the time of mediation, so I'm not sure if we even can officially "intervene" but we're going to do everything we can. They've been in care for 10 months.Just please let me know your experiences. This latest development is really throwing me for a loop. I haven't been considering the "fictive kin" element.Thanks in advance.
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It is unlikely that people they befriend at church NOW would be considered fictive kin. However, a person from church would generally be just as much fictive kin as a neighbor or coworker or teacher in general. In SOME places, "significant contact" is able to be used to intervene. For example, if you have a baby 4 months out of their 8 months, you'll have them over half their life when mediation happens at 6months (child is 10mo). But in many places, the rule is 365. And ANYONE who breathes counts more than the foster parent who has loved and helped the child for the past 4, 6, 11½months. What does CASA say? She has the benefit of looking towards child's best interest. What does GAL say? They will have a better idea what the law is.BTW, it generally doesn't seem to be done as a rule here to have any contact with bios. I've not really been encouraged to in any way on any case. However, I most certainly do. The reasons are numerous. I believe there are real benefits. ONE of them is that if the case goes to mediation, the bios know ANYTHING about you in order to consider and identified surrender. I've not had ANY caseworker disallow carefully written notes, pictures, etc to bios. I let bios know that they are welcome to write or ask through caseworker about any concerns or questions. More recently, I've set up photobucket albums (password protected) so I can share even more pictures (though I still send pics because parents may appreciate having a couple hard copies though they may not get them for themselves for any number of reasons). Most parents really appreciate any information/pictures they can get of their kids. It also makes foster parents seem more neutral rather than part of the system that is against them (whether that is true or not). IMO, you have two months to be more friendly.
TxDorothy, I read your post and it's easy to understand your confusion and doubts.There are many pitfalls in your case and a number of deep holes to fall into.It seems as tho there are a number of factors that influence how this case will be played out.I strongly suggest an attorney for several reasons. He is qualified to argue your case in court and you are paying him, so he has your best interest at heart.While it is recognized as the courts responsibility to consider "the best interest of the child," sometimes it doesn't always work out that way.I wish you the best.
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From my experience, the bonding in foster care is not taken as a serious concern after 3-4 months. ( you did ask " can't see how it could possibly be in their best interest to move them to a home with someone they've never met".. i assume that's what happened when they moved in with you back in Aug, right?) its too early to tell what will happen There may be a remote family member located.. even after 9 months (it took 1.5 years before my remote family told me about my second cousin in care. She is now my AD) To your main question.. anyone can be declared fictive kin, right? In our case, J's BM declared her BFF fictive kin... someone DD barely knew Fictive kin will be examined to see if they pass background checks. If they do, the GAL will start weigh the pros and cons of each potential adoption resource. Depending on why the parent is losing custody, having someone responsible, who is in their circle and can ensure the child does not lose contact with their BF CAN outweigh whether the child actually knows them It sounds like, however, you fk's BPs are panicking, trying to figure how how not to lose contact with their kiddos (that's where we were, 4 years ago). Alleviating that concern may resolve the others issues. I would be super careful about hiring an attorney at this point. There have been instances reported on this very group where people have lost custody of their foster kids completely (CPS moved them to another foster home) for that very reason. I would suggest speaking with your CW, the CASA, and GAL