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Is she, personally, under criminal investigation?
NO, SHE HAS NO CRIMAL RECORD. HER KIDS WERE TAKEN FOR MARIJUANA ABUSE AND HAS NOT USED SINCE THEY REMOVED HER CHILDREN, BUT FOR THE PAST COUPLE YEARS THE COURT HAS FOUND HER ONLY PARTIALLY ENGAGED IN HER SERVICES SO THAT IS THE REASON THEY HAVE BEEN KEEPING HER CHILDREN.
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Would she bring this child back to her current state after having it?
Yes, her thoughts are having the child out of state and if her case is closed by then she wanted to know if the state can still remove the child from her? Or if she was to give up the child to her sister in the other state and then both her and her sister would come back to thier current state the child would then be her sisters so can the state become involved with the child then?
CPS is jurisdictional. What that means is that the CPS in your state has power over the children residing in the state. So it doesn't matter whether the child is born in another state and brought back, or if the child is born there to begin with. Rather, all that matters is where the child is living.
So while your friend can't be stopped from leaving the state to have the child, if she returns with the child, CPS can then step in and take the child.
Now to "give" the child to another, say a relative, the best way to effectuate this would be for a legal adoption.
Adoptions take time, and the person that adopts will need to be a resident of the state that the adoption is filed in.
So if the relative wants to adopt, in a different state, that relative would have to be a resident of that state, file in that state, and have the judge sign off on the adoption.
IF this is practicable, it can be done, regardless of whether the case is closed in the current state or not.
The case being open or closed really wouldn't have much of an effect on CPS opening another case in light of the mother having a new child.
Rather, if the mother is pregnant now, she and the sister can actually agree to adoption before the child is born, without even having to go to another state.
But to do this, you would need to contact an attorney in your area that deals with adoption cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
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If she was to start the adoption process now then before the child is born in her current state, would CPS have anything to do with the child then or interfere with the adoption? Like issuing a pick up order from the hospital like they did her last child?
If she was to start the adoption process now before the child is born in her current state, would CPS have anything to do with the child then or interfere with the adoption? Like issuing a pick up order from the hospital like they did her last child? since the adoption wouldnt be finalized untill the child is born, right?