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What are our rights as far as our foster son permancy

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shale99

Junior Member
WA
We have had our foster son for 10 months he is now 16 months old. His bio mom was going to relingquish but has been talked out of it by her lawyer and GAL and now refuses. They are pushing hard for a 3rd party custody agreement with a relative who he has never met. We are very concerned with what this will do to him. She has no real vested interest in him. We have a comissioner who strongly favors what the parents want not what is in the childs best interest.
We don't know what to do to protect him and make sure his best interest is first not theirs. He does have a GAl but we have seen her once and thats it. What can we do? I know there is a law that says foster parents are given preference after a year but can't find it. Can you help us? Thanks
 


mistoffolees

Senior Member
WA
We have had our foster son for 10 months he is now 16 months old. His bio mom was going to relingquish but has been talked out of it by her lawyer and GAL and now refuses. They are pushing hard for a 3rd party custody agreement with a relative who he has never met. We are very concerned with what this will do to him. She has no real vested interest in him. We have a comissioner who strongly favors what the parents want not what is in the childs best interest.
We don't know what to do to protect him and make sure his best interest is first not theirs. He does have a GAl but we have seen her once and thats it. What can we do? I know there is a law that says foster parents are given preference after a year but can't find it. Can you help us? Thanks

Why is GAL going along with Mom's desire to put the kid with a stranger? Is there a report or finding of any type from the GAL?
 

Proserpina

Senior Member
WA
We have had our foster son for 10 months he is now 16 months old. His bio mom was going to relingquish but has been talked out of it by her lawyer and GAL and now refuses. They are pushing hard for a 3rd party custody agreement with a relative who he has never met. We are very concerned with what this will do to him. She has no real vested interest in him. We have a comissioner who strongly favors what the parents want not what is in the childs best interest.
We don't know what to do to protect him and make sure his best interest is first not theirs. He does have a GAl but we have seen her once and thats it. What can we do? I know there is a law that says foster parents are given preference after a year but can't find it. Can you help us? Thanks


Honestly?

If the GAL and the attorney are pushing for a different arrangement - AND the commissioner tends to go with the legal parent's preference - I'm doubtful there's anything you can do.

Even if there's a law saying foster parents can be given preference, it's by no means a guarantee.

This is one of the risks of being a foster parent. You've always got to be aware of the possibility of the child being removed. Always.

By all means have a chat with a local attorney who specializes in foster placement and subsequent adoptions.
 

Proserpina

Senior Member
Why is GAL going along with Mom's desire to put the kid with a stranger? Is there a report or finding of any type from the GAL?


It's not uncommon - this is a family member and honestly that often tips the balance.

Fostering should never be viewed as a permanent measure. The vast majority of kids in this State end up back with the parents, or with a suitable relative.
 

CSO286

Senior Member
WA
We have had our foster son for 10 months he is now 16 months old. His bio mom was going to relingquish but has been talked out of it by her lawyer and GAL and now refuses. They are pushing hard for a 3rd party custody agreement with a relative who he has never met. We are very concerned with what this will do to him. She has no real vested interest in him. We have a comissioner who strongly favors what the parents want not what is in the childs best interest.
We don't know what to do to protect him and make sure his best interest is first not theirs. He does have a GAl but we have seen her once and thats it. What can we do? I know there is a law that says foster parents are given preference after a year but can't find it. Can you help us? Thanks

Why would foster parent be given preference over the child's relatives?

You are going to need to find the law and post it here to back up your claim.

And as a rule the commissioners/CPS generally favor reunification between a child and the child's family over a permanent/adoptive placement with foster parents.
 

CSO286

Senior Member
Why is GAL going along with Mom's desire to put the kid with a stranger? Is there a report or finding of any type from the GAL?

Misto-- We're not talking about a third party non related placement. We're talking about an extended family placement.
 

mistoffolees

Senior Member
Misto-- We're not talking about a third party non related placement. We're talking about an extended family placement.

I understand that, but it would be interesting to know what the GAL has to say.

For example, if the GAL says "it is simply preferable for the child to be with extended family", that's one thing. OTOH, if the GAL has specific objections, it might be possible to address those objections and change the GAL's mind.
 

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