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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I am an adoptive mom of three boys. We adopted them in 2008

Customer Question

I am an adoptive mom of three boys. We adopted them in 2008 via Minnesota Foster Care.
Recently we found out birth mom had another child. She has lost custody and is in Foster Care in Olmstead County.
We would like sibling placement, per MN Statute, and would like to adopt her upon TPR, which according to the BM is imminent.
They are considering placement with a 2nd cousin and or Great Aunt. However, the family has a constant history of abuse DHS involvement, and substance abuse. Also still having constant contact with bio mom.
We are trained in FASD, and RAD, we are prepared to provide care the child. They had a family planning that they invited me to via conference call but never called me, and then came up with a plan that made us third choice to an out of state placement.
Siblings should be placed together, unless there is a safety concern and there is none. We have met the child and my three boys have bonded.
I want to know what we can do?
Thanks
Carol Kohlberg
Submitted: 2 years ago.
Category: Family Law
Expert:  Tina replied 2 years ago.
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Do you know whether there are any court proceedings currently pending with regard to custody of the child?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 2 years ago.

Hi,

Thanks. Yes there is. A hearing to determine TPR or Reunification is at the end of June/beginning of July. And visits are just starting after 6 months of no contact with BM. Due her not contacting anyone, she was using again, and faced criminal charges.

Customer: replied 2 years ago.

Still waiting on response, did I answer your question

Expert:  Tina replied 2 years ago.
Hello again, Carol, and thank you for sharing this additional information.
You may wish to consider intervening in that action and seeking to adopt the child, rather than wait until the court has entered a final order.
While parents do have constitutionally protected rights, making reunification with a biological parent a goal of proceedings in many cases, it sounds as though there are valid grounds to seek adoption under these circumstances, unless the mother can show that the same grounds do not exist which led to termination of her rights in the earlier cases.
A court must typically balance the best interests of the child with the parent's right to custody of their child and determine whether a termination of rights is justified under the circumstances.
I would not attempt to do this without representation by an experienced attorney, but it is typically best to ensure your voice is heard now rather than permitting the proceedings to conclude without your input.
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Tina
Customer: replied 2 years ago.

So I file a petition to adopt? Termination will happen, birthmom told me that. GAL recommended termination at the hearing one week ago. They gave mom more time. They have already had a meeting for "plan B" As I stated, everyone is preparing for TPR.

Expert:  Tina replied 2 years ago.
I see. Thank you for clarifying the situation for me, Carol.
Yes, this information supports your filing a petition to adopt in the pending case, where the child may be placed with someone else if you do not intervene seeking custody of the child.
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Tina