CPS Foster Care Question

Updated on January 16, 2015
S.H. asks from Santa Barbara, CA
9 answers

Someone had a question about whether or how much she should help her nephews due to her sister (the mother) not caring for them.

So assuming they are removed (I happen to think our country has a very low standard and may not remove because she buys herself fancy stuff and not much food or help with homework), how does CPS decide who to place them with? The woman who asked the question felt it was unfair to her own kids if she was expected to care for the nephews. Would CPS tell this woman, your kids come first and these boys need to be with the grandparents/or some other home? Would they decline the aunt if she offered or does CPS only care about the displace children and not consider the children who live with the aunt (their mother)?

I know this is a hypothetical question, but I totally see where her question was coming from. She wants to care for her own children and does not want to take on the sisters boys who have zero parenting. She has a true concern about her own children. She wants her sister to step up and be a mom, not 'party' and leave the responsibility to her.

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So What Happened?

Christy,
Would CPS decline a family member because they would see the nephew would have a negative impact on the current children even if the home would improve the condition for the nephew? So if the aunt offered (because it is the right thing, yet maybe not the best thing) would CPS, say no your own children come first? I am thinking no, but truly have no idea. I feel like the only person considered is the displace child's and his best interest and not the aunt's own children. Yes, she could say no and cause the nephew(s) to feel even more rejected.

Thanks for clearing that up Missy.

More Answers

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C..

answers from Columbia on

Forgive me for the length of this response......

OK - The CPS "party line" is that if the child's biological parents cannot provide a stable, safe, healthy environment then placement with another biological relative or kin/fictive kin is in the child's best interest.

From CPS's point of view they will ask every relative they can find. They are only looking for a yes or a no.
If it's a yes, they do a background check etc and start the process to "certify" the relative.
If it's a no (or the background check isn't passed), they move on to the next relative. If all relatives don't call back, say no or don't pass the background check.... the kids will be placed in a foster home. They will "try" to place them in one home. How many kids, old they are and what their behaviors/needs are will sometimes make that difficult.

There are TONS of reasons why a relative would be unwilling or unable to accept placement. There are TONS of cases where relative placement works out beautifully for everyone involved. It just depends.

However, I have seen many cases where the child(ren) were removed from their parents and placed with a relative. Then they were disrupted again when the relative couldn't/wouldn't continue to care for the kid(s). Mainly.... placement with a relative doesn't always provide the *incentive* that some parents need to get their sh*t together. So the dysfunction continues that has existed for years (in some form or another). Many times the family has either severed or distanced themselves and aren't willing to get pulled back into the drama. Sometimes the relatives are unwilling or unable to commit to keeping the kids away from the relative or adhering to the CPS "rules". Think about how hard it would be when your sister (brother, daughter etc) knocks on your door at 2pm crying, sobbing, because they "just need to see their kids". In addition to caring for the kids you have to "supervise" the relative from making un-granted contact with the kids. Or..... mom/dad go "off the rails" because their kids are with their sister (brother, mom, dad) and they know their kids will be well taken care of, so they have the freedom to continue to do what they want.

Here is the only thing I will caution.

400,540 children are in the U.S. foster care system.
The average amount of time *in the system* is 23.9 months.
53% have been away from home for a year or longer.
52% are reunified with their birth parents.

The problem when relatives say no and then the kid(s) are in care for 23.9 months before the state terminates parental rights is that it's THEN that relatives will come forward and say "we want them back. They can't stay with strangers". But that's not always possible. If a relative has been uninvolved and comes in at the last minute to try and "keep them in the family" the judge may not decide that "family is best". The judge may decide that the family who has spent the last 2 years with the child is where the child should stay.

Again - it depends on the age(s) and behavior(s) of the kid(s).

I can tell you this (and I say this as a loving foster parent who tries hard to support my foster kids' parents on their journey to reunification) that I would do almost anything to avoid putting a kid "in the system". ANY child who is taken away from their parents is going to have repercussions. Even if they are taken from their parents and placed with their grandparents with whom they already have a relationship.

I can also tell you this. CPS gets THOUSANDS of hotline calls each day. I didn't read the initial question, so I'm not sure what the mom is doing. But it's actually REALLY HARD to get your kids taken away. The state doesn't WANT to take kids. It's expensive. It's exhausting. It's not good for anyone. They want to provide in-home services, provide support, point the parents in the right direction to get help. Unless the child is in IMMINENT DANGER and the house is UNSAFE - either from the environment or the behavior of the parents.... the kids won't be taken.

It's a tricky and complex situation and there is no "good" outcome.

Sorry - I went on a rant. To answer your actual question...... NO -she doesn't "have" to take her sister's kids. CPS won't question her reasons either. She just has to be comfortable with them herself.

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M.F.

answers from Phoenix on

The answer to your question is no. CPS advocates only for the children in its possession and only consider the impact of the home situation on the child they are placing. They do not take into consideration the possible impact the displaced child/ren could have on the current children in the home. They do look at financial and physical capabilities of the adults, but willingness to take the child/ren and direct relations matter first to CPS. They expect any adult or family who considers taking in a child to first consider their own family structure, relationships, capabilities, and finances themselves.

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C.V.

answers from Columbia on

When a child is removed from the home and needs placement with a foster family, Family Services looks at and considers the child's extended family first and asks if any of them are able to take the child. If they say yes, then their home situation is reviewed to ensure that it is a good place for the child to be. If no, the child is placed outside the family in a home that is a better, safer, or more emotionally adjusted fit.

Family Services or CPS cannot force family to take the children if the family feels they cannot handle them or does not want the responsibility.

ETA: To your SWH, no, CPS would not say no based upon the impact on the children organic to the home. Truly, how all of the children adjust is related to the ability of the adults to help them all assimilate to the new situation. Children are quite resilient. It's the adults who are the problem, thinking that the kids can't handle their "new normal."

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R.B.

answers from San Francisco on

No, CPS would NOT decline a family member because they think the nephew would have a negative effect on the current children. They need every good foster home they can get, and it's not a given that a foster child, especially a relative, will have a negative effect on the current kids.

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J.B.

answers from Boston on

I have a friend who adopted her nieces after fostering them. In her case, the girls were 9 months and 21 months old. She was a single woman in her early 20's, working FT, renting a 1-bedroom apartment. CPS didn't care - they got her contact info, called her at work, said "we have your nieces and need emergency placement for them can you take them?" and she, stunned, said yes, gave her address, and left work. About an hour later, CPS was there with two babies in car seats and that's it - no diapers, bottles, formula, baby food, clothes, or anything else. CPS gave her the number of a community organization to call and within hours she had a crib and changing table, stroller, diapers, food, formula and bottles, all from local donations coordinated by that group. She took a couple of weeks off from work to get the girls into day care (which the state paid for), started getting a foster care stipend to cover her extra expenses, moved into a bigger place, and eventually adopted them. It was crazy but all worked out in the end.

So if CPS determines that children must be removed from the home, they'll go to the first relative who says OK and passes a basic background check. If a relative says "sure, I'll take them" then CPS is going to take that person at their word (plus a background check).

I would think in the situation in the other post, CPS would do a visit but not remove the children. They would hopefully find cause to follow the family, give the mother certain things she is expected to do, and follow up to make sure that things are improving.

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O.O.

answers from Los Angeles on

I birve they will FIRST consider APPROVED family members IF they express an interest in the kids.

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R..

answers from San Antonio on

In my situation they really wanted family to take the kids...as they wanted the parents to take some classes and learn some responsibility and then be reunited with the kids. And if they place them with family and it is a temporary thing they don't have to find a foster placement (there are never enough foster parents).

The case worker came to my house and we walked through it...it was clean and there was food in the fridge...we certainly qualified to take the kids. I did ask her if it was safe for my own kids to have them with us. (This was when we were considering taking them before my husband said, no.)

The case worker was very honest with me and said that if we took them there was one of them that could never be left alone with my son. Argh!! I knew that I could never supervise that many kids and make sure that one was always in my sight and never alone with my son. That child was placed with family that had no other children.

The case worker I spoke with was really good and honest...but I think it can be hit and miss depending on who you speak with...

Oh and qualifications to take the kids are not as high as you would think...one of my friends was a CPS caseworker...as long as the family was willing to take them and the house met certain requirements (oh and passed background checks). Here are the kiddos...

If CPS took them and the family said no to taking them, then they would go into foster care. CPS is really big on getting families back together so if the sister wanted her kids back CPS would work really hard to get them back in their own home. At least that is what my friend told me and the case worker I spoke with told me.

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G.B.

answers from Oklahoma City on

It's called Kinship foster care. Google it.. Many people are doing this right now and it's very very common.

Foster parents today are a bridge, they help the parents of the kids in their care to learn new skills, they invite them to their home, they work with them on goals, teach them how to communicate and parent their kids better.

Kinship is even better because the kids still get to have their other relatives around and have that connection.

If the mom who posted the original question wanted to take the kids in if the state removed them from the mom she could do so easily. She'd make room for them and the worker would even give her some money to buy stuff he needs right away. Then the mom and her husband would have to take and complete the foster care training classes. At that time they'd be certified foster parents and be able to get a monthly check to help them pay for the children's care.

It's really easy to do this especially when you already have that relationship with the children.

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H.1.

answers from Des Moines on

I am a former CPS worker.

Your question is a little complicate,d i am having a bit of trouble following the specifics (granted, I have 2 small kids running around me lol!)

In general.... CPS varies by state to state keep in mind..... Law requires all family members be notified when a child is removed from parents home. There is some timeframe that this may take if the kids are removed on an emergency basis and require perhaps a brief stay in foster care. Family members can come forward and if they are interested in placement of the children, CPS is required to make a decision on which home will be the best option for the children (if the family is equipped to meet their needs, the child's level of familiarity with the family members, if the home has adequate space for the children, etc. ) every single factor is considered. Ultimately, CPS recommends placement and the judge signs off on it. Often, one placement with relatives is made right away, and then through the process of the children being assigned an attorney, more people getting involved, judge gaining familiarity, etc. a decision MAY be made that a different family member may be a better longer term option for the kids.

In the case no family members are willing to step up, the children will be in foster care. Sometimes, family members say yes and CPS determines foster care is still more appropriate (for a variety of reasons....sometimes the kids' needs are just very high and family may not have the resources to accommodate, sometimes family members may not be particularly protective and will allow parents unapproved contact with kids, etc. The kids would then likely go to foster care and there may need to be a hearing set for the judge to hear evidence of why DHS believes foster care is better for family.

In the end, it is all the judge's decision.

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