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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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A sixteen year old female minor foster child is currently placed

Customer Question

A sixteen year old female minor foster child is currently placed in a juvenile detention facility awaiting a six to nine month commitment program. She is a mother of an eighteen month old child who is currently also in foster care. The 18month old child is also placed in foster care at this time with a goal of adoption. There is a non relative who is hoping to adopt the child; however, the sixteen year old mother's parental rights have not yet been terminated. The sixteen year old mother has a history of running away and not attending the supervised visits scheduled for her her 18month old son in care. Is it possible to terminate the sixteen year old mother's parental rights while in the six to nine month juvenile department of justice commitment program. If so should a petition for termination of parental rights be filed immediately on grounds of abandonment/neglect in order for the prospective adoptive parent to adopt the child?
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Thank you for this question.

Please tell me where is the Father of the baby at this time?

Where is the baby now?
Customer: replied 3 years ago.

The father of the baby is deceased. The baby is currently residing in a foster home with his case plan adoption. However, the sixteen year old mother's parental rights have no yet been terminated.

Expert:  Sam replied 3 years ago.

Thank you for this information

Since the Father has deceased, then I suggest those persons who want to proceed with an adoption first begin by getting a legal guardianship. I suggest they should be working with the case manager who has handled the foster matter.

The will need to be a background investigation and also a home check - but that would be the same even when they file for adoption.

To begin with the guardianship is the first step because a Court is not going to automatically terminate the rights of a young mother.

So begin with the case manager to have these folks "foster" the child and Petition the court for the Guardianship. Once that is done, then they can consult with a local attorney to help with an adoption process.

Remember, I can only answer and provide true and correct information for what you ask. I look forward to a follow up or your Good to Excellent rating.

Thank you and good luck

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