Q: hello, I need help. I live on my parents property with my kids and my sister and her 3 kids 2 of which my mom has guardi
hello, I need help. I live on my parents property with my kids and my sister and her 3 kids 2 of which my mom has guardianship of. my 14 yr old niece does not have any custody ordered. My sister has lost custody of her last 2 ch I Loren at birth. She recently had another and the same cp as we order took that baby too without even checking into where my sisterbis at in her life. She found out my niece was living with her mom and said she had to go to foster care. She would not consider anyone as fit parents. My niece got on a plane and flew to another state to live with her sister and brother in law who are in the military and lives on the base and cps flew to her just to bring her back and put her in foster care. The judge said if they did not give her up to them they would d go through the military an d have him dismissed.
A:
Under California law, when Child Protective Services (CPS) intervenes in a family situation, it is typically because there are concerns for the welfare of the child or children involved. In cases where a parent has lost custody of previous children, CPS may have grounds to remove any new children from the parent's care if they believe the children are at risk. This can happen even without a new assessment if the previous reasons for removal are considered still relevant.
If a child is living with a relative, such as a grandparent or an aunt, and CPS takes action, it's often because they have determined that the current living situation is not in the best interest of the child. However, family members have the right to be considered for placement before foster care is sought. This process involves evaluating the relative's ability to provide a safe and stable environment for the child.
Should a child be moved out of state, as in the case with your niece, CPS can indeed intervene to return the child to the state if they have jurisdiction over the child's welfare. It's crucial in these situations to engage with legal representation familiar with family law to navigate the complexities of the child welfare system. They can provide guidance on how to proceed, including how to petition for custody or guardianship, and represent the family's interests in court.
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