I have been a foster parent to a 3 year old and 2 year old for > 1 year. Without warning, (received no plan of action from the caseworker) I was told that the 2 children (siblings) would be transitioned to another family, who has their 2 month old 1/2 brother because this family was willing to "adopt" all 5 children. There are 2 other siblings ages 4 and 6 currently living with the grandmother. At first, I had no intention of adopting the children that I am fostering, no one ever asked me the question, no one ever asked me if I wanted to foster the 2 month old either, but after 1-2 weeks of soul searching, my husband and I said that we wanted to adopt our 2 children and would even take the 2 month old if they had to stay together. After being told we would be given preference because the children have been with us > 1 year, now we were told, "we are going with the other couple because they will take all 5 children". Having discovered siblings staying together take preference, I have resolved myself that I will be losing the children, but I do have 2 questions:The caseworker said the children need to be transitioned to the other family ASAP, because she can not go to the judge and ask for the parental rights to be relinquished if they are not with the other family. Is this true??? I wanted the children to stay until 6/3/12 (the girl has a dance performance) and the caseworker insists they must leave on 5/26/12. No explanation is given to me, other than "my supervisor wants them transitioned now".Also, what if this other couple decides not to take all 5 children, do I have any recourse, since I said I would take 3 of the children but not all 5? The other couple wishes to start with the 2 month old, 2 year old and 3 year old first, before accepting the 4 and 6 year old. But I was told the only reason the children are leaving me and going to the other couple is because the other couple said they would take all 5 children. Any advise would be greatly appreciated. I am a novice foster parent. Never received any children care plan for these children. Up until 1 1/2 mos ago reunification was the goal. Then 1 day a message was left on my phone that the children were going to be transitioned. I do not feel dcfs has the best interest of the children. This will be the 5th foster home in 1 1/2 years for these children. Thanks in advance for any help
Country relating to Question: United States
State (if USA): Illinois
speaking with caseworker, caseworkers supervisor, district supervisor (she said she would investigate and call me back, she never did, even through i left 3 messages), planning on at least voicing my opinion to the executive director of DCFS unless you have a different suggestion
I am sorry for your situation. Under 750 ILCS 5/601(b)(2), non-parents do have a right to petition for custody, but only if they show that the natural parents have relinquished their rights. ” In re Marriage of Dile, 618 N.E.2d 1165, 1168 (Ill. App. Ct. 1993).If this is the case (or if their rights have been terminated), then you can petition for custody against DCFS, which lawfully has custody not.Until/unless you do so - and perhaps get temporary orders while the main petition is pending - DCFS has lawful custody and may take the children since they have been awarded lawful custody in the first place and have simply placed them with you for the time being.You'd have to show that it is "in the best interest of the child[ren]" that the custody stays with you.The caseworker said the children need to be transitioned to the other family ASAP, because she can not go to the judge and ask for the parental rights to be relinquished if they are not with the other family. Is this true???No. But as you know, DCFS is not above spinning facts.However, if the parents' rights have not yet been relinquished, I am sorry to say that you simply have no standing to file for custody under Dile. I am sorry.While the legal system tries to be inclusive of every possibility, sometimes people are morally wronged but have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
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