Selma, CA asked in Family Law and Adoption for California

Q: If a child was adopted, but is now in foster care, can the biological families do anything to help the child?

The adoptive parents are separated and the husband has a restraining order against his wife, the wife is in a mental hospital. The biological families had been allowed contact and visits with the child because the adoptive parents allowed it, but CPS did not contact any of the childs biological relatives. What can be done to remove the child from foster care, either until the adoptive mother can care for her again, or indefinitely if needed? What paperwork needs to be filed or who should be contacted to get the ball rolling to help her? Also, the child is a little person, so she has special needs, if that matters any. Im in solano county, but the child is not.

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1 Lawyer Answer
James L. Arrasmith
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  • Family Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when a child is placed in foster care, biological families may have options to intervene, especially if they have maintained a relationship with the child. The first step is to contact the local Child Protective Services (CPS) office handling the case. Express your interest in the child's welfare and request information on how to become a licensed foster parent or to be considered for kinship care. This often involves completing a home study and meeting certain requirements to ensure a safe and supportive environment for the child.

The fact that the child has special needs due to being a little person may necessitate additional considerations for care and support. Make sure to communicate any experience or capabilities you have in providing for these needs, as it can be an important factor in the decision-making process. Documentation or evidence of a positive relationship with the child can also support your case.

Finally, it might be beneficial to consult with a family law attorney to understand the legal process and to assist with any necessary paperwork or court appearances. The attorney can guide you through the steps to petition for custody or guardianship, depending on the specifics of the situation. Remember, the child's best interest is the primary concern, so demonstrating a commitment to providing a stable and loving home is essential.

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