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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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I need help, my brothers kids were taken away by cps. I as

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I need help, my brother's kids were taken away by cps. I as a auntie wants to take them what needs to be done.
Hello there:

Thank you for your question. The first thing that must be recognized is that you are going to have a ton of questions, and there are not going to be answers to all of them right now. When CPS takes a child into custody, the initial process is basically as follows:

1. Within a matter of a few days, the parents are called to a court hearing. The courts intervene quickly because the parents have rights and, when a child is taken out of the home on an emergency basis, the situation have to be examined by a court as quickly as possible. If a child is taken on a Friday or Saturday, the parents might normally expect to have a court hearing on a Tuesday or Wednesday.

2. It is possible for the child to be placed with an aunt. This is one of the things that is decided early in the process. The state actually prefers a child to be placed with a relative over placement in foster care. Within the first few days of the first court appearance, or on the day of the court appearance, the parents will be asked to identify the child's relatives. The child may be placed with a qualified, willing relative. The parents' preference for placement is considered.

My best advice to you: be patient. You will all be in a terrible fog for the first few days. Everything will become much clearer after the first court hearing.
Customer: replied 4 years ago.

What if I'm the only one, but I'm far away I live in Guam. The hearing thatthey already had last week, was terrible. Next hearing will be in August. But I don't want to wait till August. What do I need to do.

It's possible for CPS to have a child placed with a caretaker out of state, but the geographic distance is obviously a factor of consideration. Aunts do not have any "rights" in these matters, but the parents do. They should have been offered an attorney if they cannot afford one themselves. They would need to contact either CPS or their attorney to request that your home be evaluated for placement.
Customer: replied 4 years ago.

I have a good question to ask? Can the Court release the kid's to a family member if they don't have a job. But are under public assistance is that possible.

Yes, absolutely. Being unemployed and collecting public assistance will not preclude the family member from having the child placed with them.
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