Grandparent rights and the DFS

[Sassy57]

First the facts

A week and a half ago, my step son's ex-wife, and 3 other adults were arrested for running a meth lab in their home. 6 children were in the home. 2 of them are our grandchildren.

Per the divorce decree, my stepson has primary custody of the children. But DFS says my stepson knew about the meth lab, and won't let him have the children back. He DID know about the lab.

The children were placed by DFS with the mother's sister.

Even though we attended the first hearing, and the family support meeting, and have passed the background check, my stepson is saying that we can only see the children when HE sees the children, for 1 hour a week, per DFS.

DFS, for whatever reason, has not communicated with us, although we've tried to communicate with them

Would this be true? We knew nothing about the meth lab.

JUST found out step son hired a criminal attorney.

He SAYS he's been acting as an informer, working with an undercover policeman.

What we THINK

We think perhaps our stepson was more involved with the meth lab than he's letting on. But still don't understand why DFS is being uncommunicative with US.

He has a past felony drug conviction...about 10 years old. While he was in prison, his mother got custody (apparently permanent custody) of his older two children.

We wonder if he thinks we would do the same thing, or that DFS would require something similar?

We feel very much in the dark. If anyone could shed some light, it'd be greatly appreciated. Thanks in advance.

 

[army judge]

If you want to know more, hire a lawyer. The fact that he is allegedly a rat, may mean he ratted you out, too! Sure, you're not involved, but rats say many things. DFS has no requirement to communicate to you. You have no legal standing in the childrens' lives.

I suggest you continue to reach out to DFS, hire a lawyer, and be patient. You're probably reaping guilt by association.

 

[shrinkmaster]

DFS has no obligation to communicate with you. In fact doing so would be in violation of their own guidelines and rules. If you wish to see children then file a court motion to be granted visitation. You would be wise to consult and Attorney on this issue

 

[Sassy57]

OK...thanks too both of you.

But, I think you might be wrong regarding DFS communicating with us...

Per Statute:
Relative Placement for Foster Care and Guardianship
Citation: Ann. Stat. §§ 210.565; 453.325
Whenever a child is placed in a foster home and the court has determined that foster home placement with
relatives is not contrary to the best interests of the child, the Children's Division shall give foster home placement to
relatives of the child. The division shall make diligent efforts to locate the grandparents of the child and determine
whether they wish to be considered for placement of the child. Grandparents who request consideration shall be
given preference and first consideration for foster home placement of the child. If more than one grandparent
requests consideration, the family support team shall make recommendations to the juvenile or family court about
which grandparent should be considered for placement.
The term 'relative' means a grandparent or any other person related to another by blood or affinity within the third
degree. The status of a grandparent shall not be affected by the death or the dissolution of the marriage of a son or
daughter.
For any Native American child placed in protective custody, the children's division shall comply with the placement
requirements set forth in 25 U.S.C. § 1915.
The Division of Family Services shall establish the Grandparents as Foster Parents Program. The program recognizes
that:
• Raising a grandchild differs from when the grandparents raised their own children and requires different
parenting skills.
• Caring for a grandchild often places additional financial, social, and psychological strain on grandparents.
Placement of Children With Relatives link
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 32
Information Gateway. Available online at link
Relative Placement for Foster Care and Guardianship (Continued)
Citation: Ann. Stat. §§ 210.565; 453.325
• Grandparents need a support structure, including counseling, respite care, transportation assistance, and
child care.
• The level of care provided by grandparents does not differ from nonrelative foster care, but reimbursement
for such care is substantially less for grandparents.
• Grandparents are often unaware of the cash assistance alternatives to the Federal TANF block grant funds
that are available to support the grandchildren placed in their care.
Requirements for Placement with Relatives
Citation: Ann. Stat. § 210.565
The preference for placement and first consideration for grandparents or preference for placement with other
relatives only shall apply when the court finds the placement is not contrary to the best interests of the child,
considering all circumstances. If the court finds that it is contrary to the best interests of a child to be placed with
grandparents or other relatives, the court shall make specific findings detailing the reasons why the best interests of
the child necessitate placement of the child with persons other than grandparents or other relatives.
The age of the child's grandparent or other relative shall not be the only factor that the division takes into
consideration when it makes placement decisions.
A grandparent or other relative may, on a case-by-case basis, have standards for licensure not related to safety
waived that would otherwise impede licensing of the grandparent's or relative's home.
The guardian ad litem shall ascertain the child's wishes and feelings about his or her placement by conducting
an interview with the child, based on the child's age and maturity level, that shall be considered as a factor in
placement decisions but shall not supersede the preference for relative placement or be contrary to the child's best
interests.
A grandparent shall be eligible to participate in the Grandparents as Foster Parents Program if he or she:
• Is age 50 or older
• Is the legal guardian of a grandchild placed in his or her custody
• Has an annual household income of less than 200 percent of the Federal poverty level
• Participates in the training available through the division
If there are no grandparents who are willing to participate in the program, any other close relative who becomes
the legal guardian or obtains legal custody of the child may participate.
Relatives Who May Adopt
Citation: Ann. Stat. §§ 453.072; 453.070
A relative is any grandparent, aunt, uncle, adult sibling of the child, or adult first cousin of the child.
Any adult person or persons over age 18, who, as foster parent or parents, have cared for a foster child
continuously for a period of 9 months or more and bonding has occurred as evidenced by the positive emotional
and physical interaction between the foster parent and child, may apply to an authorized agency for the placement
of the child with them for the purpose of adoption if the child is eligible for adoption. The agency and court shall
give preference and first consideration for adoptive placements to foster parents. However, the final determination
of the propriety of the adoption of that foster child shall be within the sole discretion of the court.

I know that's long. Sorry. But I think it's relevant.

If DFS isn't required to talk to us, then why should we be required to need permission to see the kids? We didn't even know where ex DIL was living, never been to the house, etc. We've not been charged with anything, we've not been questioned, nada.

The other children have been placed with relatives...so why are we being restricted to 1 hour a week?

 

[shrinkmaster]

You are not involved in their investigation or actions so you are uninvolved party and they have no obligation to speak to you. If you want involved file for custody

 

[army judge]

OK...thanks too both of you.

But, I think you might be wrong regarding DFS communicating with us...

Per Statute:
Relative Placement for Foster Care and Guardianship
Citation: Ann. Stat. §§ 210.565; 453.325
Whenever a child is placed in a foster home and the court has determined that foster home placement with
relatives is not contrary to the best interests of the child, the Children's Division shall give foster home placement to
relatives of the child. The division shall make diligent efforts to locate the grandparents of the child and determine
whether they wish to be considered for placement of the child. Grandparents who request consideration shall be
given preference and first consideration for foster home placement of the child. If more than one grandparent
requests consideration, the family support team shall make recommendations to the juvenile or family court about
which grandparent should be considered for placement.
The term 'relative' means a grandparent or any other person related to another by blood or affinity within the third
degree. The status of a grandparent shall not be affected by the death or the dissolution of the marriage of a son or
daughter.
For any Native American child placed in protective custody, the children's division shall comply with the placement
requirements set forth in 25 U.S.C. § 1915.
The Division of Family Services shall establish the Grandparents as Foster Parents Program. The program recognizes
that:
• Raising a grandchild differs from when the grandparents raised their own children and requires different
parenting skills.
• Caring for a grandchild often places additional financial, social, and psychological strain on grandparents.
Placement of Children With Relatives link
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 32
Information Gateway. Available online at link
Relative Placement for Foster Care and Guardianship (Continued)
Citation: Ann. Stat. §§ 210.565; 453.325
• Grandparents need a support structure, including counseling, respite care, transportation assistance, and
child care.
• The level of care provided by grandparents does not differ from nonrelative foster care, but reimbursement
for such care is substantially less for grandparents.
• Grandparents are often unaware of the cash assistance alternatives to the Federal TANF block grant funds
that are available to support the grandchildren placed in their care.
Requirements for Placement with Relatives
Citation: Ann. Stat. § 210.565
The preference for placement and first consideration for grandparents or preference for placement with other
relatives only shall apply when the court finds the placement is not contrary to the best interests of the child,
considering all circumstances. If the court finds that it is contrary to the best interests of a child to be placed with
grandparents or other relatives, the court shall make specific findings detailing the reasons why the best interests of
the child necessitate placement of the child with persons other than grandparents or other relatives.
The age of the child's grandparent or other relative shall not be the only factor that the division takes into
consideration when it makes placement decisions.
A grandparent or other relative may, on a case-by-case basis, have standards for licensure not related to safety
waived that would otherwise impede licensing of the grandparent's or relative's home.
The guardian ad litem shall ascertain the child's wishes and feelings about his or her placement by conducting
an interview with the child, based on the child's age and maturity level, that shall be considered as a factor in
placement decisions but shall not supersede the preference for relative placement or be contrary to the child's best
interests.
A grandparent shall be eligible to participate in the Grandparents as Foster Parents Program if he or she:
• Is age 50 or older
• Is the legal guardian of a grandchild placed in his or her custody
• Has an annual household income of less than 200 percent of the Federal poverty level
• Participates in the training available through the division
If there are no grandparents who are willing to participate in the program, any other close relative who becomes
the legal guardian or obtains legal custody of the child may participate.
Relatives Who May Adopt
Citation: Ann. Stat. §§ 453.072; 453.070
A relative is any grandparent, aunt, uncle, adult sibling of the child, or adult first cousin of the child.
Any adult person or persons over age 18, who, as foster parent or parents, have cared for a foster child
continuously for a period of 9 months or more and bonding has occurred as evidenced by the positive emotional
and physical interaction between the foster parent and child, may apply to an authorized agency for the placement
of the child with them for the purpose of adoption if the child is eligible for adoption. The agency and court shall
give preference and first consideration for adoptive placements to foster parents. However, the final determination
of the propriety of the adoption of that foster child shall be within the sole discretion of the court.

I know that's long. Sorry. But I think it's relevant.

If DFS isn't required to talk to us, then why should we be required to need permission to see the kids? We didn't even know where ex DIL was living, never been to the house, etc. We've not been charged with anything, we've not been questioned, nada.

The other children have been placed with relatives...so why are we being restricted to 1 hour a week?

You think its relevant.

I know it is irrelevant.

Hire an attorney and let him/her tell you the same thing AFTER you've shelled out $5,000.

As a grandparent you have no (or limited) rights.

But, those aren't your grandchildren, because the "rat" is but your stepchild.

There is no blood tie, thus the kids aren't really your legal grandchildren.

But, even if they were, the statute is still irrelevant.

Hire a lawyer and sue the state.

Let me know that failed, after you get the legal brush off.

 

[guestpost]

3 years ago they took 1stepgrandson and 2blood grandkids im still in the dark they told my son and mother they had to sign there rights over in a meeting me the grandma and my son and the mother of the kids was there also all kinds of dfs workers my son conplied with everything they ask him to the caseworker on the case didnt like my family he went so far to call my son a sob and mf in a fts meeting the workers all started getting up saying why u talking to him that way he say cause i can the attorney we had told us not to turn him in cause then we will never get our babies back well we didnt still left in the dark crying everyday woundering where my babies are at my son has tried to hurt his self alot cause they took our babies for no reason if anyone got any heart or soul left in them and can please begging please help me find out how i can see our babies or wat i can do my babies crying at the visits at first they was giving me wanting to come home with there DAD and grandma please help me im grieving over my babies my name is Rebecca Whiteley.i know GOD is with me but the days are getting so long and depressing i love all kids im a great person.The case worker wouldnt even let me have the kids cause he lied about me he told the judge ive been to prison which i have never been i took and showed him proof he tore it up and through it in the trash and told me to just give up i told him i will never give up i need to see my babies.theres alot more to this story i talked with the senator in my area she told me dfs is just taking kids for no reason and im a witness at that if u can help me please call me at 4177591197 im begging for someone to help my family THANK U AND GOD BLESS...