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What do you think will happen in a best interest hearing?

Long story short, my cousin had a baby in Sept. she has 4 prior right termination so the baby goes into foster care. Reunification is the goal but a petition to terminate rights was filed at birth. She misses a drug test between 1st court hearing and 3 month c. hearing and parenting time is cancelled. At 3 mth c. hearing her PT is given back and reunification is still the goal. Prior to birth, the cousin asked us to take him if she couldn't. We tried to get him transfered here after she missed the drug test but they said not yet. She doesnt' know who the father is, 2 of the poss. 3 are father and son, she admitted to doing cocaine while pregn. she missed the drug test, she has 4 prior terminations. May 20 we have a "Best interest" hearing, do you think they will transfer him to us then? Besides the missed drug test, she has done everything they have asked including moving into a bigger house.

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Amy127

Asked by Amy127 at 6:14 PM on Apr. 14, 2009 in Adoption

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Answers (6)
  • that is so sad that children have to go through this. i think that the child should not be bounced back and forth like that, some people are just not meant to be parents. i dont know what will happen but i hope the right thing for that poor child
    Anonymous

    Answer by Anonymous at 6:20 PM on Apr. 14, 2009

  • Though I know CPS doesn't always do the right thing, I hope, more than anything that if your cousin is truly unable to parent at this time and is in need of help to become a better parent, they will realize that the best interest of any child is to give guardianship to a family member so that the child is not completely separated from their roots and heritage. Please keep us updated on what happens.
    casjoh

    Answer by casjoh at 9:14 PM on Apr. 14, 2009

  • All I can say is continue to try to get him. If its not in his best interest to go to mom then he should go to you.
    matthewscandi

    Answer by matthewscandi at 7:04 AM on Apr. 15, 2009

  • It is very hard to say who will end up caring for this child. So many variables. Depends on what the case workers have in mind, it depends on the judge, also if a guardian ad litem - what is his/her opinion. So many people are involved and too many possible outcomes. My suggestion is to get your own lawyer to stake your claim on this child. It helps that this cousin has wanted you to parent the child. But if you are not plugged into social services, not a registered foster parent and have had a homestudy, that could disqualify you. Many times they will allow temporary placement and let you get your home in order to license a family member of a child in custody. But if the foster parents fight for custody - they get an equal say too. If you are serious about this a private attorney specializing in adoption and family court is in your best interest.
    Anonymous

    Answer by Anonymous at 8:23 AM on Apr. 15, 2009

  • Even though the plan now is reunification, they usually have a Plan A, Plan B. approach. Plan A is mom, but if she doesn't do her service plan, or if she doesn't get off the drugs and stay off (she has to show several months of sobriety...) then they go to plan B, which in Texas is a relative that mom has named. Since the state will have to run a background check and do a home study, they usually like to line that early on in the case. If there are no suitable relatives, THEN the plan could go to adoption by a non-family member, meaning the foster parents if they are wanting to adopt, or being moved to another adoptive placement (which takes time to get approved) if they are not. You are already at the 8 month mark, and there are only 1-2 more court dates after this. Mom has 12 months to get done, unless the judge sees enough to extend for 6 more months, but the baby remains in foster care until it's over. (Con't below)
    doodlebopfan

    Answer by doodlebopfan at 2:20 PM on Apr. 15, 2009

  • What you can do NOW is to file an "Intervention" to try to get the baby moved to you sooner, but you do need your own attorney to do that. If it's looking like mom is getting things together and you aren't concerned, then let things be. But it you are concerned about mom's chances and know the baby will not be returned to her (4 previous TPR's) then maybe try to intervene. In foster care, the fewest number of moves is best, because the child always loses in every move. So to move to foster parents, then you, then mom is 1 too many, but do what you think it best. Good luck!
    doodlebopfan

    Answer by doodlebopfan at 2:26 PM on Apr. 15, 2009

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