Jennifer,
Were this a New Jersey case, I would advise as follows. Foster parents do
not have independent standing to oppose the removal of a child from their
placement. They are given presumptive eligibility for adoption once the
child has been freed for adoption and living in their care for at least one
year, but pending termination, they have no standing. Not even on
psychological parent grounds.
If any party to the action supports continued placement with the foster
parents, that person (be it the agency, the law guardian on behalf of the
child, or either parent) should seek an emergent best interests hearing,
raising the concerns you have noted. Unfortunately, because of the age of
the baby, it is not yet at an age where psychologically able to "bond",
although there may be an attachment to the foster parents. So, moving the
child at this stage is less harmful than if the child is older. Hence, the
best course of action is to have a party oppose the removal on safety
grounds (rather than psychological bond) and request a hearing. Drum up as
much evidence as is possible to support a safety concern, which can be based
on future harm (so long as that harm is not speculative and is based on
current information, such as the home environment of the relative not
changing or changing only nominally since the father was reared in it).
Hopefully, enough safety concerns can warrant a stay on removal, pending
further investigation. That additional time will increase the time of
attachment for the baby and foster parents, which will increase the
likelihood that expert testimony could support a claim of harm to the baby
if moved at a later date.
Ultimately, I would recommend that your friends contact a child welfare
defense attorney in Nevada for state-specific law on this issue. If you
need a referral, you may choose to contact the NACC (National Association of
Counsel for Children).
Good luck.
----
Allison C. Williams, Esq.
http://www.nblsc.us/site/content/images/pics/njsc105x105.gifcid:image002.png@01D01E95.C053C460
http://www.aaml.org/sites/all/themes/AAML2012/logo.pngCertified by the Supreme Court of New Jersey as a Matrimonial Law Attorney
Certified Family Law Trial Attorney, National Board of Trial Advocacy
Fellow, American Academy of Matrimonial Lawyers
The Williams Law group, LLC
1945 Morris Avenue, 2nd Floor
Union, New Jersey 07083
Ph: (908) 810-1083
Fx: (908) 810-1087
<http: newjerseydyfsdefense.com/="">
http://newjerseydyfsdefense.com <mailto:
[email protected]>
[email protected]***THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER
OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT
RESPONSIBLE FOR DELIVERING THIS MESSAGE TO THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE.***
Original Message------
If anyone has experience with foster parent adoption and can give me some suggestions or input on the following issue, it would be extremely helpful:
My very close friend and her husband have been foster parents of a 6 month baby girl since her birth. It is highly anticipated that the birth parents' parental rights will be terminated shortly. Both have outright expressed that they have no interest in the girl. The baby's paternal great-aunt, however, has suddenly appeared and wants the baby. The great aunt, as a blood relative within 5 degrees, is not subjected to the scrutiny my friends went through to become foster parents. All she had to do was have a county-wide background check, along with all other household members, and have a crib for the baby. The great aunt lives in a packed home with multiple extended relatives and it appears that this is the same environment in which the baby's father grew up resulting in a criminal history, drug addiction and multiple other children for which he does not provide any care.
It looks like my friends will lose the baby on May 29th in favor of the kinship placement. I referred my friends to a competent attorney out in Nevada (where this is all happening) but we are praying for a hail mary. If anyone has any suggestions for my friends on what they can do or what approach can be taken to convince the Court that the child should remain with them over the kinship placement, please let me know.? We know that this doesn't look well for them and it is really heartbreaking.
Thanks in advance!!!
Best regards,
Jennifer L. Young, Esq.
Dughi, Hewit & Domalewski, P.C.
(908) 272-0200 (telephone)
(908) 272-3219 (facsimile)
The information and/or attached files and documents contained in this e-mail transmission are confidential and intended for the persons named as recipients above only. The transmission of the information and/or attached files and documents by e-mail is not intended to, and does not, waive any confidentiality or attorney-client, work product or other applicable privilege, all of which are asserted and preserved. If you are not a named recipient of this transmission, any review, use, copying, disclosure or the taking or omission of any action based on the information and/or attached files and documents is prohibited and unauthorized. If you have received this e-mail transmission in error, please call the sender immediately for instructions regarding destruction.</mailto:[email protected]></http:>