My 28 yr old niece got arrested on a charge of ''dealing meth'', she has 3 children 1yr, 7yr, 10yr, she is in jail and the children services are giving my niece 2 more days to sign over her kids or the state will put them in foster care. My question is '' How can this happen when she has not yet been convicted of a crime?'' The father of the 2 older kids even has joint custody but the state will not let him keep them unless my niece gives him full custody.If she does not sign gaurdianship of the baby to the baby's grandmother, then the state will put her in foster care.I do not understand this and can't get the CFS to talk to me and answer any questions. Please help.
Thank you for your time
1 Answer from Attorneys
Each case being different really requires a full review of the facts before any direction can be given. Therefore, anything touched upon here should NOT be relied upon as legal advice applicable to the case(s) referenced.
Once CFS becomes aware that children are in danger or potentially so, an action referenced to as a Child in Need of Services is often filed. The parent(s) are usually asked to cooperate with a view that it may be possible to correct the situation. This often means children will be placed elsewhere in foster care until resolved. This could be with a relative or not. Cooperation of the parent in this regard is usually one factor which may control.
Generally, the goal is to reunite the parent and children if the issues have been successfully addressed. The court dealing with this issue will not be the same court which may be dealing with the parents other issues, such a pending criminal matter.
If a parent is convicted or not of a criminal offense, it could have an impact on the result of the action involving the children. If a parent is uncooperative in light of the findings and recommendation of case workers, it could result in the state asking the court to place the children for adoption and terminating all parental rights.
Your niece should secure the services of experienced counsel in these matters if she hasn't already to assist her. As a concerned relative you may feel you can assist her with this.
Please note that the above cannot fully discuss the issues and without any other detailed facts and the opportunity to further discuss them. As such this cannot be relied upon as applicable to any pending case and should not.
Attorney at Law
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