Do Grandparents Have Rights for Child Placement by CPS?

Question from Mama bear, Do Grandparents Have Rights for Child Placement by CPS?

Answer from AI:

When Child Protective Services (CPS) removes a child from their home due to concerns about their safety or well-being, they must consider the best interests of the child in determining a suitable placement. As a grandparent who previously had joint legal and physical custody, you may wonder about your rights regarding the placement of your grandchild.

Consideration of Relatives for Placement

Generally, CPS has policies that favor placing children with relatives whenever possible, as this can provide stability and maintain family connections. This is often referred to as “kinship care.” The specifics can vary by state, but the principles are similar across the United States.

• Best Interests of the Child: The primary consideration for CPS is what is in the best interests of the child. This includes the child’s safety, health, and emotional well-being.
• Relative Placement: CPS typically considers relatives as the first option for placement before looking into foster care.
• Prior Custody Arrangements: If you had joint legal and physical custody before, this could be a factor in your favor, as it demonstrates an established relationship and potential for stability.
• Assessment of Suitability: Even if you were previously approved to supervise visits, CPS will reassess your suitability for placement, especially after a significant event like a hospitalization.

Steps to Take as a Grandparent

If you wish to have your grandchild placed with you, consider taking the following steps:

1. Contact CPS: Reach out to the caseworker handling your grandchild’s case to express your interest in being considered for placement.
2. Provide Documentation: Be prepared to provide any necessary documentation that proves your ability to care for the child, including medical clearance if your health was previously a concern.
3. Home Study: You may need to undergo a home study, which is an assessment of your living situation to ensure it is safe and appropriate for the child.
4. Legal Representation: Consider consulting with a family law attorney who can help you navigate the legal process and advocate for your rights as a grandparent.
5. Attend Hearings: Be present at any court hearings related to your grandchild’s placement to make your case for custody.

When Legal Advice is Necessary

While general guidelines can be helpful, every situation is unique, and the laws can be complex. It is often beneficial to seek personalized legal advice from a qualified attorney who can provide guidance based on the specifics of your case and the laws in your jurisdiction.

Additional Resources

For more information on kinship care and the role of grandparents in child placement, you can visit the Child Welfare Information Gateway. This resource provides an overview of policies and practices related to kinship care.

Remember, while you may have a strong case for being considered for placement, CPS must weigh multiple factors, including any changes in circumstances since you last had custody. It is important to demonstrate that you can provide a safe and nurturing environment for your grandchild, despite the challenges that led to their removal.