Legal Question in Family Law in New York
Grandchildren in foster care abused by agency
My grandchildren aged 5 & 6 are in foster care (cared for by my wife) pulled away from my daughter due to all types of abuse and drug use. The rest of our family has been bearing the burden of taking care of these children so that they don't wind up with strangers. We have been attempting to give these children as much stability and normalcy as possible. The foster care agency has been making this very difficult due to rediuculous required visits with their mother and father who both abused and neglected these children. After these visits, these children are obviously thrown off and they keep the children from taking part in many after school activities like some sports, playing with friends etc. The agency treats us like we are the enemy and that the abusive parents are to be waited upon. I feel our rights and the rights of these children have been and are being seriously violated. This foster care agency is making the care of these children very difficult. The law guardian of these children has not been very effective. We are looking for an organization to help us, if we have to, perhaps hire an attorney. My family greatly appreciates any information that could be shared with us.
1 Answer from Attorneys
Re: Grandchildren in foster care abused by agency
I understand your frustration, but what I will tell you will not be what you want to hear.
Until the parents have their parental rights terminated by a court, they have a right to see the children.
If CPS took the children from the home, the period of supervision usually lasts one year, and during that time, the parents must make efforts to "get their acts together." If they do not, CPS can apply to have their parental rights terminated.
Because of the CPS involvement, you will have to deal with the problems CPS creates for you until the parents have their rights terminated. If the parental rights get terminated, then you can legally adopt the children, and keep the parents out of the picture.
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