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Hello, I am new to this community, and need some advice. We have been trying to adopt my husband's 3rd cousin from CA since January. We have completed the ICPC paperwork and have been approved on all levels. The child is in foster care and the foster family has made it known that they are seeking adoption as well. They filed for defacto parent status, effectively stalling the placement process. The CA caseworker had pledged her support to us but has not been very forthcoming with information. In June, we drove the nearly 2,000 miles to spend a week with this child and establish a bond, anticipating placement. We were also there for the court date, where the judge gave the fosters defacto parent status and told us that this would not give them the upper hand. He scheduled a placement hearing for 2 weeks later. The case worker was still supporting us and said that the placement would be contested and a trial date would be set for a few weeks after the hearing. The morning of the placement hearing, the case worker called me and told me the department was withdrawing their support and instead backing the foster family. The FF had begun taking the child to do visits with his 15 yo half brother, who was in long term group care. They had declared their intent to adopt him as well. We didn't know he was even available for adoption! We had no way to make it to the placement hearing that was happening in a couple hours. We waited for info on the trial date. When I finally got the case worker on the phone, she apologized and said that their had been no contest and the judge ruled for placement with the FF. There will be no trial. We are very upset and don't know what to do. We have the birth mother's blessing to adopt this child, we have done everything we were asked. While my husband is a 6th degree relative, he IS a relative. We have extensive family within 15 minutes of us, all relatives of this child. Can anyone offer any advice about our options at this point? The case worker has told us we can hire an attorney, but we aren't a legal part of this case and are not guaranteed a right for an attorney to participate in any hearings. Would an attorney benefit us at all? I am thankful for any help I can get!
I can't imagine if the state was against us since our ICPC is in Month 15 right now. There is one user on here who hired their own attorney and did manage to get placement of their neice after the foster family wanted to adopt.
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sorry for the slow reply. i was on vacation last week.
ICPC's take forever. 15 months is not unheard of
Its also pretty common for the foster parents to fall in love with a kiddo after a year or so and attempt to fight for them..
There are a couple complicating factors.. sibling access tends to trump all other kinship links. But by simply making sure they understand you are willing to take them both, that should resolve it. You may need to get approved for 2 kids... if you've already done your home study, they may need to re do it
do you know the exact state of your ICPC? I had to nag the heck out of people in order to get it moving
before you jump to a lawyer, you should people speak to the CWs manager (some times lawyer's tick them off. you really need friends on both sides)
Have the parent's rights been terminated?
Is there a GAL involved? If so, have they interviewed you?
We had to hire an attorney in the sending state in order to go in front of the judge. The CW's weren't doing anything to speed up the process. The FP's also wanted to adopt and we ended up meeting with the CASA worker in Idaho (We live in Florida so it was a cross country ICPC) and after that she was on our side. We also had to call the Governors office here in our state and also in the sending state because we felt they were favoring the foster parents when in fact we were involved 6 weeks into placement. It took 11 months to bring our niece here (our daughter) back in 2007. It was a terrible experience! All I can say is call anyone, whomever you can think of to get support. We called daily and I visited Idaho twice before going to transition her here. We did everything they asked for (became actual licensed Foster home here) so they could not say we didn't. It was a long process. We even called the ICPC office here in tallahassee to see where the ICPC paperwork was at and that's how we found out Idaho claimed they did not receive our FC license from Florida. I wish you tons of luck. Don't give up and ask any questions you may have :)
BTW: They said our daughter would have so many issues! So far we've only seen the normal teenage issues. No drugs, no anger towards us, etc...They claimed she was a "Lost" cause and I didn't believe that. She was 6 when we brought here here, 7 when we adopted her, and now is almost 16 and in an arts HS here for her vocal talents. I think she's done quite well :)