Legal Question in Family Law in California

Can the state take your infant away permanantly?

My neice was arrested & charged with possession w/the intent to distribute narcotics. She is in county jail awaiting arraignment. Her 3 month old son was placed in Foster care and we are trying to get him placed in our family. We don't have enough money to retain counsel and were told that she has 6 months to get out of jail and regain custody otherwise she loses him forever. The social worker told me there are plenty of families that want to adopt babies and he would be placed. My neice needs help. She is an addict that wants to get help for her addiction and is going crazy thinking her son is going to be adopted out. Her court dates keep getting pushed out because her public defender never shows up for court. Social Services doesn't even want to place my grand nephew with me or my sisters' family because we want to help our neice to get clean and start rehabilitation and will give her son back once she does her time and gets back on her feet. What are her rights and ours as well?


Asked on 10/12/06, 9:52 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can the state take your infant away permanantly?

You or another family member should modify your approach. You should approach social services with the attitude that you will take the child and will insure that the court orders regarding contact with the child are followed. That if mother is unable to reunify with the child that you will adopt the child. Otherwise the court will order the child placed with a family that is willing to be a foster family and adopt if reunification does not work will adopt the child.

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Answered on 10/20/06, 1:23 am


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