Monday, February 13, 2012

It will probably change nothing...

Dude and Dolly's grandma was supposed to come to court today. She called CPS yesterday crying. It seems she lost her wallet that contained all of her money and her bus tickets. She will not be able to have the visit with Dude and Dolly or attend court.

This could change nothing. CPS has informed me (quite sternly) that they are still recommending the children go to Grandma. I was told that Jasmine has spoken with her supervisor and the case has been staffed out. It is all but a done deal.

However, the lawyer wasn't convinced on Friday that going to Grandma's is the best solution. Grandma not being able to show up could change the game plan.

Granted, Grandma could have honestly lost her wallet. Or, this could be a convenient way to not have to put forth any effort with the children. And since she's done nothing with the children so far, I have a hard time believing the story that she lost her bus tickets.

Mie -- tell me more about the intervening please. If the children don't go home I want to be legally considered at the next permanency hearing. I welcome all advice!! Either comment directly or email me at cherubmamma at gmail dot com.


Mie said...

I'll comment publicly so others can see the information, but feel free to email mie if you have more questions.

Someone who has interest in the case can insert themselves into it through a process called intervening. Basically, this is a way for friends & family who have not been considered by CPS for some reason can get before the judge to be considered.

I'll give you an example. Let's say D&D's grandma wasn't being considered for placement. Or, like in my current case she was ruled out due to a past conviction. But let's say she really, really wanted them. She could hire a lawyer and the lawyer would petition the court in this current case to hear whether or not the grandma has standing (the right to talk to the judge in the case) and then if she does have standing she can ask the judge directly, without CPS's or CASA's or even the ad litem's permission or approval, for the judge to grant custody. Of course, if she did that, then CASA and the ad litem and CPS could argue their cases on why grandma was or was not fit (and in our case they'd argue that she was already ruled out, etc.) and the judge would rule outside of CPS's recommendations whether or not her motion was granted to get custody.

To get standing in a case you have to prove you have had a significant relationship with the child for the past 6 months (It used to be a year). As a foster parent, you legally qualify as someone who has had a significant relationship with the child, so you could "intervene" in the case at any time once you've hit that 6 month mark.

Does this help?

I'm going to send you some websites to check out and the dfps code sections that reference these rules.

Carrie said...

Praying for today. So sorry for the kiddos.

Tammy (aka. "Mimi") said...

I've been thinking about you all morning... Praying for all of you, and especially for Dude and Dolly. I can only imagine how scary this must be for them. :(