Family Rights News
Help! My grandchildren have been taken by cps
March 30, 2010
The title is an actual internet search by which somebody found the AFRA website today. We get quite a few grieving grandparents desperately looking for help. They usually find our How to Fight CPS page, which should serve their needs.
However, there are a few comments I would like to add. Here's the LAW about "kinship preference"
42 U.S.C. § 671 : US Code - Section 671: State plan for foster care and adoption assistance was amended in 1996-
COATS (AND WYDEN) AMENDMENT NO. 4909 (Senate - July 18, 1996)
Mr. ROTH (for Mr. Coats, for himself and Mr. Wyden) proposed an amendment to the bill, S. 1956, supra; as follows:
At the end of chapter 7, of subtitle A, of title II, add the following:
SEC. . KINSHIP CARE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking `and' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(18) provides that States shall give preference to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards.
This amendment is now fully incorporated in the law, but I wanted to point out who sponsored it and when it was amended.
The current rendering of 42 U.S.C. § 671 : US Code - Section 671 states-
(19) provides that the State shall consider giving preference to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards;
That's the law. I don't know when the word "consider" was sneaked in. However, many states have no intention of observing this law. That's exactly why you should memorize it.
Now what about the second part- "...provided that the relative caregiver meets all relevant State child protection standards"?
Here is where you have to quit playing "Winston" in "1984". YOU have to ask "What do I need to do to meet the State child protection standards?"
If the CPS agent wants to be coy with you, put the ONUS ON HER- "What do YOU need to do to HELP ME qualify?"
The #1 rule is- DOCUMENT everything said and done. Keep meticulous records of who said what, when. Keep any correspondence to and from the agencies.
Grandparents (and aunts, uncles and cousins) are nearly ALWAYS the best place for kids to be.
With the passage of the Fostering Connections to Success and Increasing Adoptions Act in October 2008, Federal resources are supposed to be available to assist children who leave foster care for legal guardianships with family members.
Use this information wisely to keep YOUR relatives with family instead of going to stranger care.
COMMENTon this story
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as you can at "How To Fight CPS"-
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Affidavit-
Leonard Henderson, co-founder
American Family Rights Association
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
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I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead an ATTORNEY (http://dictionary.reference.com/browse/attorn) talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)