Q: Foster parents rights to adoption what are the legal options?
We have had a child for 3 years since she came out of the NICU at 41 days. She was born addicted to heroin. Her mother has only seen her three times in almost three years. They have 15 months to show improvement. No relatives were found in Alaska to take her and out of the blue one shows up a great grandfather. Now they want to have her and our OCS has cleared it. Her drug addict mother lives with him so she would be going back to her. He USED to be a CPS worker. He raised her mother when she was a child. Both her mother and grandmothers are drug addict thieves. She is leaving in less than two weeks. We need to know every route we can take to get her back to us. She has sever emotion problems from the drugs and medical problems an elderly man cannot keep up with and her mother would not be able to deal with.
A: You should first do everything you can to work things out with the social worker. If possible, you should try to get the guardian ad litem to advocate in your favor. If you have no luck with the social worker, go up the chain to his/her supervisor, and on up. OCS has broad discretion to make placement decisions, so you're at a big disadvantage if you have to challenge them in court. If all else fails, you can intervene in the CINA proceeding to file a motion for placement, and ask for a hearing. Also ask for an order that OCS not make any changes pending a decision on your motion. You would have to show that the OCS placement decision is an abuse of discretion. You will probably want legal assistance, as this is a very difficult case to present.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.