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I fostered a little girl 3 years ago as a child specific placement because I knew the child. She was with me for a few months and then was reunified to a mommy & me rehab. I stayed in touch and actually had her sleepover about every other weekend & sometimes for a week or so as her mom had various issues. The parenting over the last three years was pretty poor but didn't raise to the level of a removal (ex. Child fell & broke her arm & mom waited 5 days to get it treated - child left home alone asleep at age 4 after mom had tried to cook something for breakfast but left something on the stove & then went to work so the apartment filled with smoke and the child was found alone in a smoke filled room - a friend of the family overdosed on heroin inside the apartment and the child was hid under the bed while EMS worked on the deceased and then while police searched the apartment for drugs). Five months ago, the family was evicted from their apartment for not following the rules and as the mom has convictions for assault against other shelter residents, she could not be placed in a family shelter and so the mom planned to sleep on the street (in February with 2 feet of snow on the ground. DSS would have removed the child had she actually been sleeping on the street but her mom asked me to take her before that happened. As DSS still had an open case with the family since the removal three years earlier, we met with the caseworker and he suggested the mom transfer guardianship to me. The mom was inboard with this but by the time we had a court hearing to do so, she figured out she wouldn't receive welfare without the child and so didn't consent. The judge gave me temporary guardianship until we can have another hearing that the mom can bring an attorney to. Awarding me temporary guardianship against the moms wishes was pretty simple at that time because the mom was sleeping on the streets and had no food or money to feed the child. The day after court, her mom found a friend that will let her and her daughter live with them, so I am guessing that when we go back to court the judge will give custody back to her mom. My concern is that housing is only part of the problem. This mom was kicked out of the methadone clinic and is now using heavily. She had a 24 hour visit with the kiddo last week and she left the kid alone with strange men twice to go get heroin. The child is afraid of her mom and has said that she only wants to see her mom is someone else is there to keep her safe. After her mom told her on Sunday that she would come back to live with her mom, she peed the bed every night and basically stopped eating. Last night she told me she had stopped eating because she was hoping it would make her shrink enough that I could swallow her into my belly and she could be born from me so no one could make her go back to live with her mom. DSS closed her case as if the day I was given temporary guardianship and so no one will be supervising the family. They advised that I let her go back and wait for her yo be hurt and then file a report. When her mom is using drugs she gets paranoid and so I doubt she would let any outsiders see the child to know she was being hurt. Also, they told me they can't remove a child for drug use or homelessness and that there would have to be serious physical harm done because of the drug use or homelessness in order for them to step in. I will mention my concerns to the judge when we go back to court next week but I have seen from case law with previous decisions, that they strongly feel the parent has a right to raise their child unless the child is at risk of serious injury or death by living with the parent. I can't prove that. How can I advocate for this child? Is there anything I can do to keep her safe?
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That is sad. Breaks my heart she has been through so much. Since the state is no longer involved, does that mean you have your own legal representation in place? My first thought was that you should get every bit of documentation you can now, while you are the legal guardian. The hospital would have noted that the broken arm was not treated. If you could get any of the police officers or emergency personnel to testify or at least give a notarized statement that would probably help to. The child's therapist would also be an excellent witness. It's criminal that someone in that shape could be considered fit to parent. Prayers for you and yours. I hope she is kept safe.
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They absolutely can remove a child for drug use! Who told you that they can't do that? If it was a CW, I would go up the chain of command.I can't imagine, whatever state you are in, that they do not remove a child if the mom is an active heroine user, especially if she is leaving this child with strangers to get drugs.It is appalling that CPS is not involved in this case.
Thanks for your responses. Her caseworker is the one that told me they couldn't remove from drug use and homelessness alone. He had been her caseworker for almost 3 years and wasn't concerned when her mom was kicked out of rehab for dealing in rehab or when he received failed drug test results. He did retire this month though so if there is a new investigation and her case is opened again, she would get a new caseworker. I have a lawyer helping me but it's not her area of practice. She has been consulting with other lawyers though. I'm trying to be careful about not antagonizing her mom too much when I've been told it's very likely the judge will return her to her mom. I am afraid that if her mom doesn't let me stay involved in her life, there wouldn't be any responsible adult who would know what's wrong & be able to step in. I will try to advocate for her when we go to court next week and will probably file a report immediately if she is ordered returned to her mom, but I'm still worried. Up until her mom said she was going back to her, she only had two accidents at might in 5 months. Since her mom said she was going to live with her, she has peed the every night. Between the police department, social services, and family court system, there should be someone with the authority & responsibility to keep her safe!I don't know how you guts foster children after children & see them returned to harm & stay with it. I'm so stressed out and worried about her!