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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I need help. In 2014 my niece, who is now 14, was placed in

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I need help. In 2014 my niece, who is now 14, was placed in foster care by CPS and I was the only family member willing to care for her and able to pass the rigorous home study process. I do not have children so this was all new to me. I ended up becoming a licensed foster parent for her and now permanent managing conservancy, which I was very hesitant to do but was guilted into it. She is a victim of sexual abuse and has anger issues, and is also a cutter. She made tremendous progress until last August, when her hormones finally kicked in and she started a pattern of behavior like her mom’s, meeting up with older men, lying about her age, etc. I found out within two weeks what she was going and get her into therapy. However, she refuses to acknowledge her underlying problems.
She is out of control. To summarize a long story: She’s run away twice, accused me of cutting her arms, tried to rob me, and has made friends with gang members who threatened to kick my door down and kill me. Inpatient treatment and therapy have done nothing. Her behavior has deteriorated to the point that I had to take a leave of absence due to anxiety and stress, which run in our family and are factors in my decision not to have children. And I am now in serious danger of losing my job.I have documented everything, there are police reports, teachers and caseworkers who have witnessed her behavior and everything I’ve tried to do to help her. I need to relinquish her to CPS. I know I’ll be charged with failure to provide care or abandonment or something, but I cannot live this way, I’m in fear for my safety and I’m not able to help her. Please help.
Submitted: 8 months ago.
Category: Family Law
Expert:  originallawyer replied 8 months ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 8 months ago.

First of all, thank you for taking in your niece. That was a kind thing to do to. However, you are not legally required to take care of her if you can no longer do so. Asking CPS to remover her from your home will not likely subject you to abandonment or failure to provide charges, because you are not abandoning her. Abandoning her would be dropping her off in another state and saying, "Good luck." Failure to provide would be not providing her with food and clothes. You've done those things, but you cannot emotionally bear the burden of caring for her anymore and that's okay. CPS removes foster parent placements when they do not work out frequently. You will not be breaking any laws. It sounds like your niece will benefit from in patient treatment and therapy and you cannot give her that.

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