CPS Adoption Battle

Updated on June 14, 2009
P.S. asks from Fort Worth, TX
12 answers

Have any of you parents had a judge grant a CPS adoption without the CPS approval? I go to court on Wednesday to try to adopt a child that has been in my home for 3 years(2yrs- 5 1/2yrs). This had been an foster/adopt placement until caseworker #17 decided to move him to a foster home with an older UNSAFE brother.My attorney blocked the move by getting a restraining order against CPS.The ad litem, the current and past therapist,the psychologist,current and past placement agency workers all say he needs to stay in the only home he remembers but CPS won't budge from him living with this brother. I have over 20 years experience with specialized kids and I really tried keeping them together for 2 years but the placement broke down and now his(the brother) current placement is stressed at best. There is also another UNSAFE child in the home so I feel this child will be drug through foster homes just to stay with his brother. I was told that if CPS doesn't approve the adoption that my child loses the college education that President Clinton wrote into bill for all foster children.Is this true? What about the tax credit for CPS adoptions? I am selling stuff and using all my savings just to hire this attorney so I'm going through with it no matter what but I need information from someone that has done this before so I will know the right questions to ask.

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So What Happened?

We won. The judge listened to 6 experts and all said what CPS was trying to do was harmful for this child. He ordered CPS to leave the child in my home and place him in the adoption unit so he will recieve college and insurance. The ad Litem MC Davis and my attorney Kellye Swanda did a great job proving that this was a child not a CPS policy that must be followed. Thanks for all your prayers.

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A.S.

answers from Dallas on

Call my lawyer - he can consult with you for free and if he can't help you he can find a lawyer who can. Ron Addison ###-###-#### Cell ###-###-####.

1 mom found this helpful

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L.R.

answers from Dallas on

P.,

I'm an attorney but I'm not here to give you legal advice, only encouragement. I work with these types of cases and have found that the judges don't always follow what CPS wants. The judge is obligated to follow the family code. The family code says that the judge has to do what is in the best interest of the child. It is in your favor that you seem to have the support of the guardian ad litem and others. If the guardian ad litem is with CASA, judges do listen to what they say It also sounds like your lawyer knows their business. It is also my understanding that whether CPS approved the adoption or not, if the child was adopted due to a CPS placement, he is still eligible for the same benefits.

I wish you the best of luck!
L.

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A.G.

answers from Abilene on

Wow. I have been a foster mom for only 3 yers. Something I have learned is that CPS is pushing more and more for the kids to stay together NO matter what. I wanted to let you know that we adopted a child this past March and she did get her college and we did get the subsidy for her. Plus medicaid. Also, we got the one time subsidy to help us pay the attorney. All cases are not the same, but I think the college and all are going to be there. Also, it sounds like the judge needs to hear from all parties and not CPS alone. and I'm sure he will. I know that judegs send kids home a lot when CPS does not think that should happen. So, maybe you will get to keep the baby after all. Keep your head up and pray for favor. Good luck.

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M.B.

answers from Lubbock on

As a fellow foster/adopt parent, I feel your pain. I unfortunately went through many struggles in order to complete my son's adoption but none like this. I will pray for you and the child. Be sure to keep the child's attorney ad-lidem very involved. I can't understand why, if the judge has granted this, what say CPS would have in it at this point. Bless your hearts! As I said before, I will pray for you all. Good luck and God bless!

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M.W.

answers from Dallas on

Hi P.,

My heart goes out to you and your children. I hope that for his sake, things work out in his best interest. It is awful that you all must go through this. We also have children that were placed in our home, but they were placed by a voluntary order. We plan to adopt when our six months placement arrives, but we're unsure of whether or not this is realistic. Hopefully, in the future, we'll be able to provide a home for foster children. I will pray for you and your situation. Please let us know what happens (and hopefully it will be good news!).

Sincerely,

M.

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R.B.

answers from Dallas on

My heart goes out to you. I had foster children for nearly a year that we wanted to adopt but they were reunited with their parents. I had a wonderful attorney who explained the painful truth to me, even though I was ready to spend whatever it took to fight reunification. The State of Texas overhauled CPS and its position on the importance of family in 2006/07. CPS caseworkers are required by law to try to keep children with family (aunts, uncles, etc.) and to keep siblings groups together. As a foster parent, you have no rights. Your job is to provide a safe, nurturing environment. CPS is in charge of the case and they have laws and policies to follow. A case is not about who will be the better parent or who is better off financially. Although the time spent in your home is important, it does not invalidate the law, and decisions are made based on laws. So CPS is doing their job and following Texas law by trying to reunite the brothers. CPS caseworkers are evaluated on how many foster homes a child lives in before permanent placement, and they hate moving children unless absolutely necessary. It's a good sign that you have a hearing and there is a chance that you will have a sympathetic judge. But the majority of the time, judges follow CPS recommendations. If he/she does approve your adoption, you'll receive all the adoption benefits. As for the college education, he's 12 years away and President Obama will be out of office. Only time will tell if that policy is still in place 12 years from now. Should your case have a negative outcome, I highly recommend being friendly and cooperative with CPS so that if his placement with the brother breaks down, CPS will contact you and return the child. My heart goes out to you - best of luck on your hearing.

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J.W.

answers from Dallas on

I know that CO and TX are different sates but My sister has a little boy in her home in CO now that CPS has been trying to return to his parents since Feb. No one else was in favor of this and in turn the Judge has sided with everyone else not CPS. In August the case will be going to trial for termination of parental rights. CPS is still saying he should go back to a home that is clearly not a good home.

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J.T.

answers from Dallas on

P.,

I don't have any advice for you on this subject, but I just wanted to let you know that you are an amazing women. You are in my prayers that the adoption goes through and that this little boy stays in the loving home that you have provided. God Bless.

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S.W.

answers from Dallas on

P.,

There is a few things you can do, and a lot of things that should have never happened (ie: CPS has exactly 1 year to open and close a case- they can ask for a 6 month extension, but after that they must have a permanent home for the child). My husband and I went through this hell with a relative adoption (took 2 years and us threatening our caseworkers to sue). There is too much to tell you in a posting- if you like you can email me ____@____.com or call ###-###-####.
The college education has stipulations they haven't told you about, the tax credits too. You need an attorney- soem will do it for free.

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K.P.

answers from Dallas on

Dear P.,
Is there a CASA (Court Appointed Special Advocate) on your case? You need one if there is not.
K. Parker

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S.T.

answers from Dallas on

P., God bless you for being such a special lady! I have no advice on your case other than I will pray for your success. I hope he gets to have you as his mom!

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K.H.

answers from Dallas on

Unfortunately, I don't have any answers. But, I wanted to say Bless You for what you do. Every child needs somebody to love them, and this child is obviously lucky to have you. May God Bless your family.

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