Legal Question in Family Law in California
My nephew is in foster care in CA right now. The case worker says the bio-mother will probably loose custody permanently. She has sent us a "Family Placement Packet" which we have already returned. The state compact may or may not be in the works just yet.
My husband and I (in WA) have planned a trip to CA to visit him. The case worker has had 3+ weeks to talk with the foster parents about our visit but instead set up a meeting with the bio-mother. My husband has no interest in meeting her and honestly, I wouldn't be driving all the way down there if my husband can't meet my nephew as agreed. At no point did I tell the case worker to set up such a meeting and I am fairly peaved that she doesn't have it together.
We already have three children and if the bio-mother does get it together (best for everyone, I'm sure) it's really no loss to us. There isn't any connection with this child to my family other than the one night stand my brother had a few years ago. However, because of the confidence in the case worker that the mother is going to loose him to the state (apparently she has failed two mental evals) there's really no point in making contact with the bio-mother. We're not interested in her well being, we don't even know (or care to know) her.
My question is this, does this case worker have the right to force this meeting and if we don't go can she say we're not interested and adopt my nephew out to strangers?
1 Answer from Attorneys
The case worker may have in mind that if the birth mother met you she might be agreeable to agree that you could become guardians of the child. This would make approval much easier and eliminate a contested hearing. While in California you might want to file a guardianship petition here and then get a Washington court to accept the guardianship there. Many local bar associations have programs to assist with guardianship petitions.
There is no requirement that you meet with the birth mother. It should be possible for you to arrange a visitation with the child. At the worst you could file a request with the California court that has jurisdiction over the minor to order a visitation.
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