Grandparents Raising Children Support Group
This community is dedicated to grandparents who are the primary caregivers of their grandchildren. In cases where the parents are not willing or able to provide adequate care for their children, grandparents may take on the role of primary caregivers. Join the support group to find support, share your experience, and get advice from other members.
I learned a valuable lesson and would like to share with you all. If CPS comes to you and ask that you care for your Grandchild/children...Run to the courts as quickly as you can and file a guardianship for the children. Do not tell CPS what you are going to do!!!
CPS came to me over a year ago, asked if I'd take my Grandchildren. I have been raising them for over a year going to court having all sorts of agencies to my home at all hours of the week day, taking time off from work to care for sick, hospital stays and team meetings with CPS. I was NOT told I am not part of the case.
I was denied return of kids from after my health issues were resolved. I found out by having to hire an attorney I had to file to intervene into the case. If I'm granted that by the courts then I the motion for the return of the kids to my home will be heard. If I'm not granted, then my case is over.
The AG for CPS filed a motion just before court yesterday and did not send the motion to my attorney...OOPS! This caused me to sit in court all day and be told by the Judge he is going to give my attorney time to respond to the AG motion to intervene and the Judge will rule on the intervene via mail, and then he will hear the custody case if granted.
This is what I learned in Court as well. I ask CPS and my daughters (court appointed attorney) about filing for Guardianship in the beginning and was told no CPS has to run it's course first If I knew to file for Guardianship back when CPS first came to me before the kids became wards of the state...CPS would be no longer in the picture.
Please protect your Grandchildren and yourself. The Foster/Adoptive bill Bush signed in 2008 has a loophole and they found it!
CPS came to me over a year ago, asked if I'd take my Grandchildren. I have been raising them for over a year going to court having all sorts of agencies to my home at all hours of the week day, taking time off from work to care for sick, hospital stays and team meetings with CPS. I was NOT told I am not part of the case.
I was denied return of kids from after my health issues were resolved. I found out by having to hire an attorney I had to file to intervene into the case. If I'm granted that by the courts then I the motion for the return of the kids to my home will be heard. If I'm not granted, then my case is over.
The AG for CPS filed a motion just before court yesterday and did not send the motion to my attorney...OOPS! This caused me to sit in court all day and be told by the Judge he is going to give my attorney time to respond to the AG motion to intervene and the Judge will rule on the intervene via mail, and then he will hear the custody case if granted.
This is what I learned in Court as well. I ask CPS and my daughters (court appointed attorney) about filing for Guardianship in the beginning and was told no CPS has to run it's course first If I knew to file for Guardianship back when CPS first came to me before the kids became wards of the state...CPS would be no longer in the picture.
Please protect your Grandchildren and yourself. The Foster/Adoptive bill Bush signed in 2008 has a loophole and they found it!
One mistake I see above, though, is that CPS won't be involved once you get guardianship. This just isn't the case. CPS will always be involved unless you adopt.
If you receive ANY kind of aid - kinship, healthcare, even free lunches at school, CPS will always be involved in your case. Sometimes that can be good - especially if they approve of you and are a good county. Sometimes it can be bad, if you have a poor cw or live in a county that just doesn't care.
That's why I always say adoption is the best, IF you can TPR. If you can't, then pretty much Social Services is always involved - not necessarily Protective Services, but Social Services is.
To have CPS out of the picture, at least in this state, you to be appointed temporary guardianship for a pre-determined period of time not to exceed 15 months(I think it is). By the end of 15 months "permanency" must be established. If you have had temp. guardianship for this time, then usually permanency means the child remains with you and you can try for adoption or take permanent guardianship. At THAT point, Protective Services will be out of the picture. Of course, CPS is the one, along with the GAL, who recommends the guardianship.
I suppose this varies some from state to state, but all states are bound by the federal child act. They must strive for permanency, and I believe they have a time limit or they lose their federal funding.
Your post is very true - we must seek guardianship in order to protect the security of the children.
My friend raised a child for 8 years but never sought a guardianship. After 8 years the child was taken away, and ended up being raised in juvenile homes after his "father" went back to jail and step-mom couldn't handle him. They could never get him back, and still owe lawyers, although this happened almost 20 years ago.
The whole situation is not good. It needs total reform and more security for the child, less consideration for the parent when a child has been removed because of abuse or neglect and no significant changes after one or two years. That's enough. After that point a child should be able to know he has a safe, secure home. But we are not to that point yet, and it is a scary world out there.
I do have a question - when did you retain the lawyer? Why didn't he recommend you go for guardianship? He should know this stuff. If he doesn't - I'd get a different lawyer.
I don't need a new layer... I needed one back in 2010, instead of thinking CPS was working with me, since they asked me to care for the kids.
If the courts do not grant me the ability to intervene in the case. I have no grounds to be involved with my Grandchildren.
I went to a free legal help day @ Casey Family Program law office 2 hrs away. They told me because there is an open case with CPS and Bio's I would have to do what you did. However; she told me the Judge might not except it because of the open case. I really didn't understand and left confused...I spent all day at Casey law office to only find out they forgot to ask if we had an open case and all the paperwork we did was thrown away. They then rushed with the info regarding having to file what you did with a lawyer but I do remember they told me we will have to pay a lawyer because we didn't qualify for them to do the legal work. I was so bummed because I left my house early morning and had to drive 2 hrs and had to sit and wait for a legal aid most of the day. I left there at 5 pm closing time.
Now I am wondering if I should talk with a lawyer. Aug 6th they will take parents right away and what I understand we will start adoption.
Thanks again for this info,
Judi
even if you arent granted the right to intervene we can still bring the motion through your daughter so we will have our day in court one way or the other.