Q: If someone gets their kids taken by OCS and has a cousin thats safe to take the kids would they be able to?
Would they have to prove that the person is legally their cousin or would ocs just approve it if their a safe home and want the children
A:
OCS is supposed to give preference to blood relatives. There's a streamlined licensing process for relatives. However, someone who already has a relationship with the kids should also get preference (this isn't a statutory right, but it just makes sense.) OCS is short on foster homes, so they should welcome a volunteer, but they have to be able to trust that person. When OCS places a child, the caregiver becomes an agent of the state, and the state is liable for what they do. The social worker must be confident that the caregiver will follow directions, and not undermine OCS's requirements for the kids or the case plan for the parents.
The court can review OCS's decisions, but those decisions are rarely overturned, so it's imperative that the cousin make a good impression on the social worker right from the start. The social workers are very busy, so the cousin needs to offer an easier solution to the problem of managing the case. If it appears it will be extra work to place with a relative, then it might not happen, even if it would be the best thing for the kids. Make sure the cousin knows he or she must convince the social worker that he or she will follow OCS directions. If OCS denies a request for placement by a blood relative, the relative will probably need to get legal advice about how to challenge the decision.
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