Legal Question in Family Law in Illinois
if your grandchildren are in foster care and cps is moving to terminate the parent's rights, can a grandparent adopt the children in another state by having the parent's consent and thereby force cps to hand the children over to them? How you go about this? My daughter has already said that her and her ex-husband will sign their rights over to us. cps has steadily refused to talk to us and bounces these poor kids from foster home to foster home. they have lied to my daughter and myself so many times, that we don't believe anything that they say. I do not want to lose my grandchildren. We live in Illinois and the kids are in Indiana
2 Answers from Attorneys
DCFS normally looks for a "relative placement" as part of the total process. But no, you can't force the agency to place them with their grandparents if the agency believes even that placement would not be in the childrens' best interests. To protect your rights, and potentially those of your children, the best course of action for you to take is to talk to an adoption/child welfare attorney.
Contact the Chicago Bar Association Referral Service for an Illinois adoption attorney who is also licensed in Indiana. Any effort by you and your daughter to force CPS/DCFS's hand in this matter will be viewed negatively and will seriously impact any future efforts to "adopt" these children.
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