In general your case will proceed as follows. Presents an overview of state laws that give priority or preference to relatives when children are in need of out of home care.
It is most common for the state to work with the child protective services or cps when there are allegations of abuse or neglect but in most states you can also make arrangements to place your chidlren into foster care.
How to get my child back from foster care. If a parent ends up in a situation where they cannot properly care for their children the children may be placed in foster care. While there are instances where parental rights have been terminated those rights can be reinstated under the right circumstances. If no relative or friend can care for your child they will stay with an approved foster carer or in a children s home.
But those situations may not always be permanent. In order to win back custody of your children you will most likely need to work with an attorney who has experience winning similar family law cases. If your parental rights have been terminated by a court of law and or your children have been legally adopted in most states there is no provision for reinstating parental rights or reversing an adoption decree except under certain circumstances such as fraud duress coercion etc.
The issues addressed include locating relatives determining the fitness of a relative to provide care and requirements for licensure. On day two you will be notified about the date and time of your first hearing which is called a detention hearing. To find a good child custody lawyer start by asking friends and relatives for referrals.
If a child is temporarily removed from his or her parent the parent and the child have a right to a hearing in the juvenile court during which they can tell the judge their side of the story. On day one your child will be removed from your care and the social worker assigned to your case will have 48 hours to gather facts and prepare a petition for a juvenile court. If the child remains in foster care for 15 out of 22 months in most cases the law requires the child welfare agency to ask the court to terminate parental rights end the legal parent child relationship.
During this 15 month period however states are required to work to bring parents and children back together. If your child is very young the social worker may decide that your shild can live with a foster family who will then go on to apply to adopt him or her sometimes called a fost adpt family or a concurrent planning family. State run foster care state run foster care is sometimes but not always a precursor to adoption.
The child can be placed with a relative or in foster care on the temporary basis.