Q: Do I have grounds to take legal action against CPS and local police department?
I was taking care of a friends 8 year old son on and off for over a year. Recently the mother went to jail and she wanted me to keep her son until she got out of jail and got herself straightened out. CPS came to my house and took the child stating best interest of the child and placed him in foster care. CPS and the local PD had no warrants or court papers, the child was in no imminent danger. I have not been allowed visitation or phone calls with the child, even at the mother's request and permission.
A: I suspect that Child Protective Services had what is known as a pick-up order. They might not have given you a copy. Your position with respect to the child is that of a stranger. I know, the mom asked you to take care of the child. But that's not enough. Actually, she could have given you a type of power of attorney that could give you a guardianship over the child, but it doesn't sound like she did this. When DHR takes custody of a child, they can place the child with a 'family resource.' If you aren't family, though, they can't place the child with you unless you are in the foster care program. If you have some of the kids things, you might want to take them to DHR for the kids. Be calm. Express concern for the kids. You might even volunteer to become a foster parent. This opens you up to having other children placed with you, but being a foster parent can be a very rewarding, if sometimes heartbreaking, experience.
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