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

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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.