Q: If another state dramatically mismanages a foster child's case, can I sue the sate for legal guardianship?
This child is my blood relative and was placed with us for permanent placement. She has been suddenly placed back with bio parents on 2 occasions after PTR has been filed. She is only 3. She has moved homes 5 times. The caseworker has not made 1 choice in the best interest of this child. The last time the child and her sibling were placed with bio mom after TPR was filed and unsuccessful visits was because bio mom is living in a home for families and needed the children to live there as well so she keep her housing. The child I speak about is 3, been in custody since 8 months old. She and little brother are currently staying with grandparents. The case has many more details that are so disappointing. The children's services assistant director has said nothing that has happened in this case should have happened. I would like to put a stop to it. It's been ongoing for over 2 years. Is there anything I can do?
A: There may be actions you can take to get children properly placed, but it appears you need an experienced attorney at this point. "Suing" the state should not be at the top of your list. It is difficult for everyone when the state finds it necessary to remove children from their parents. These case often get out of control despite the good intentions of the state actors. Y
A: There may be actions you can take to get the children properly placed, but "suing" the state should not be at the top of your list. Suing a state agency is a whole different question than getting the children settled in somewhere. First things first. Recognize it is difficult for everyone when the state finds it necessary to remove children from their parents. These cases can get out of control despite the good intentions of the state actors. It appears you need an experienced attorney at this point.
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.
