Infant taken into protective custody in Ca. (ideas, legal, support)

[KimK]

Here is a question for you folks?? I have a brother who is allegedly the father of an infant that was just taken into custody from the hospital after her birth. I say allegedly because apparently there is going to be a DNA test to determine that as he and the mother are unmarried.

As you may have guessed I have no contact with my brother and have not for many years. My suspicion is both are drug users and the baby probably was born with evidence of drugs.

I live in another state. I have tried to contact the social worker in San Diego County for the past few days to no avail.

If the child is my brother's and the court is going to keep this baby for however long, would CPS be interested in someone taking temporary custody of the baby who could stand up to heavy scrutiny even if they are out of state? Does anyone from Calif. know about such things?

Is there any other way to go about finding something out about this without going through CPS since they don't seem too responsive? My brother and this woman would not have any desire to communicate with me especially at this point. My guess is that he did not even advise anyone that he has any sibling(s) willing to take the child. Our mother would be supportive of my takiing this custody as well.

Ideas? Thanks for any input.

[orrmobl]

Even if the court would entertain allowing an estranged relative have temporary custody, I'm guessing you would have to move to CA to do so. Looks like temporary foster parents in CA to me.

[gallowsCalibrator]

I don't think there's a possibility of you getting even temporary guardianship since you are out of state.

In all honesty, the court system is going to give them about a year or so to complete a Service Plan - which will include parenting classes, parent-child interaction evaluations, psychological evaluations, a good home studies (random checks of the household), and other numerous tasks to redeem themselves with.

By law, the initial goal of the Social Services is "Return to Home" and will do everything possible to keep the child accessible to the parents. The parents will have monitored visitation on a set schedule - which would be quite difficult if you are in another state.

If their time goes up and all of the parental rights are taken away permanently, that is when you can file a petition for adoption. For temporary guardianship, you would have to live reasonably nearby.

[KimK]

I was fearful this would be the case.

You know, the sad thing here is that my brother himself was a child of an ugly mess involving the courts; my niece and nephew were; my older brother was....and none of those "plans" worked.

Once about fifty years ago, I, too, was for reunification of the family. Not any more! The only hope some of these chidlren have, in my humble opinion, is to move them out of the situation quickly and efficiently. One year from now, if and when I go to adopt that child, it will have been in fifteen foster care homes and who knows what will have happened during that time?

Thanks again for your input.

[jessiegirl_98]

Actually, that's not true. Out of state family members can get custody, but it can be a legal mess. Your best bet is to immediately contact a family law attorney in CA who can help you with the process.

[Wyndsong71]

Originally Posted by jessiegirl_98

Actually, that's not true. Out of state family members can get custody, but it can be a legal mess. Your best bet is to immediately contact a family law attorney in CA who can help you with the process.

This is exactly what I was going to suggest. Generally the courts are in favor of keeping children in the same family, because there is more likely to have contact with the parents. But you need a lawyer!

[mrstewart]

Child Protective Services will probably not be able to tell you anything but you may be able to call and relay any information you have and to offer your help.
There are ways to check court records in the state of California, as long as you know the county in which they live. That may give you some insight into the life your brother has been living but it sounds like you have a pretty good idea what is going on.
Also, you can look him up online and once you find him, his neighbors will be listed. Maybe they know what is going on.
You definitely need to seek counsel in California.
Good luck to you and your family.

[SMCS]

I have a social worker friend in california who does the background checks on family members and she does checks on people outside of california. I'd keep trying that #.

[KimK]

Well, I did keep trying the number and they called me. The first question I was asked was "do you want to adopt this baby?" We said, "Yes." Apparently, this baby was born at the end of January (which I did not know) and neither parent has done one thing to include even visiting the baby. They are not giving up their parental rights however but their service plan has been reduced to no more than six months so we are half way through now. And, yes there are intrastate compacts so that Ca. will direct my state to prepare the way. Also, since CPS is in favor of this, no attorney will be necessary. More money for baby things....

I was also told that neither parent even mentioned my name to them as a potential guardian or else the child would have been with us immediately. CPS was quite relieved to hear from me.

My child is ten now so all I can say is WOW....Thanks to all of you for taking an interest. I have found through the years that offering burearacy solutions to "their" problems is often the best approach. Have a great day. We sure are!!!

[mrstewart]

Thank goodness there are fewer hurdles than anyone anticipated. What an honorable thing to do. Best of luck to you!