Vacaville, CA asked in Family Law and Juvenile Law for California

Q: My son is in foster care right now and October 4, 2023 the resource parent was arrested for a DUI was not informed

I was not informed of this until 5 months later and i only find out when my attorney received the casa report in march 2024. My son was in substantial harm the entire time he was in this placement

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

A: I'm so sorry to hear about this alarming situation with your son's foster care placement. It must be incredibly distressing and frustrating to have only found out about the foster parent's DUI arrest months after the fact, especially given the potential harm and risk to your son's safety and well-being.

Since this is a very serious matter, I would strongly recommend taking the following steps if you haven't already:

1. Document everything - Write down a detailed timeline of what you know and when you found out, including the details from the CASA report your attorney received. Having a clear written record will be important.

2. Consult with your attorney - Discuss this situation in depth with your lawyer to understand your legal options for addressing this, including the failure to inform you in a timely manner and the safety risk to your son. Ask about filing an official complaint and what legal recourse you may have.

3. Contact the foster care agency and your son's case worker - Express your grave concerns about your son's safety, the unacceptable delay in notifying you, and the need for an immediate reevaluation of his placement. Request an urgent meeting to discuss.

4. Consider contacting child protective authorities - Since your son was potentially endangered, it may be appropriate to file a report with CPS or the equivalent agency in your area to trigger an investigation. Your lawyer can advise you.

5. Seek support - Reach out to family, friends, support groups, or a therapist to help you navigate this stressful, difficult situation. Prioritize taking care of yourself as you advocate for your son.

I hope you are able to get swift action to ensure your son's safety and well-being. Remember, you have every right to assertively advocate for your child and insist on transparency, accountability, and failsafe protections for him while he is in the foster system. Wishing you strength and a positive resolution for your family.

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