Legal Question in Family Law in Washington
Im in foster care im 161/2 and have a baby
I am in foster care, have been since i was 8 years old. I was having alot of defiance problems untill i got pregnate, then i was determined to do anything i could to keep him. I worked untill i was 8 months pregnate, and went to all my appointments and even attended child classes. I was able to keep him, and they didn't file a dependancy on him. He is now 3 months old and they just hired a new ''head of dshs'' She believes that any foster kid isn't able to take care of a child there for anyone who has a baby and is under 18 has to get a dependancy filed on that child. I think that since i have done nothing wrong and have been taking care of him just fine for 3 months they shouldn't be able to do this. They say they will try to place him with me, but i just don't want the state to have there hands on my baby, and be able to have complete controle over him. It doesn't seam fair or legal. is it?
1 Answer from Attorneys
Re: Im in foster care im 161/2 and have a baby
Fairness or legality has nothing to do with what happens, unfortunately. You sound like a sensible young lady with your head on straight and your priorities in the right place.
When the state files a dependency action you are entitled to a lawyer to help you. There are public defenders if you can't afford to pay one yourself. If you don't like the lawyer they assign you, you can fire that attorney and they have to get you another attorney. Seriously. If you think the lawyer is just going through the motions, and not actually listening or considering how to end this dependency, get another lawyer.
You have to act like a responsible adult at all times in this process. It isn't about you, it is about your baby. There is lots of research out there that suggests that babies do best when they spend almost all their time with their primary caregiver. So long as you are doing a good, careful job for your baby, he'll thrive with you. As a parent (even a young one) you have a "liberty interest" in your relationship with your child and if you have done nothing to warrant a dependency action, the Court will need to know this.
I wish you all the best with this. You are in a tough spot. I hope all goes well for you and your little one. Elizabeth Powell
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