Legally can cps adopt kids out?

Sly

Yes, your rights can be terminated without a whimper, and the reasons for the termination do NOT have to be compelling, or even life-threatening. It is the call of the case worker, women (largely) who have an inordinate amount of power over families. That power can be used for good, to assist families in crisis to stay together, or to play God by creating 'forever families' when they transfer children like chess pieces. There are certainly compelling and urgent cases where children must be removed, but until the power and money come out of the equation it is difficult to trust that ulterior motivation is not in play.

If you are in a situation with CPS, and you fear that your rights may be terminated, do not hesitate to get to an attorney that deals with CPS and family law at once, as you have rights, as well. There are also groups of parents whose rights have been terminated who would offer advice and suggestions. You can google 'Richard Wexler' for some very good information.

There is also a book that is available online "A Family's Guide to the Child Welfare System" that is VERY helpful. I will look for links to these and include them below. I know that this is used in Social Work Schools as a text, and is wonderfully informative and available free online.

Mom to Foster Children

Most definately. Children who are wards of the state are not placed for adoption until one the parents either relinquish their parental rights or the court strips them of this right. They are simply still wards of the state.

Terminating parental rights is done by the state/court system and then the children a free to be adopted out. Once parental rights are terminated there would be no reason for any adoption papers to be signed as she (the bio mother) no longer has any rights to the children.

â™¥ kay.

Yes, the court can take away a mother's rights without HER signing any papers. But the court has to find the mother very unfit to take away her rights. Once they do that, CPS can adopt kids out because the mother has no rights any more.

thylawyer

Federal law requires state and private foster care services to do permanency planning for all children, meaning they have to go back home, or if home is still not appropriate, to an adoptive home.

If the mother has not been able to change what needs to be changed (and cps has offered all necessary help to change), they can go to court to dispense with the parent(s)'s consent for adoption.

Randy B

They certainly can. Our last adoption of a little one was like that. The mother refused to sign and they went through the formal process of a court hearing. Her rights ended up being terminated and we were able to adopt after that. I should add that we had no involvement in the process other then being a foster parent to the child and when the parental rights were terminated THEN we were able to put in to adopt. It was an adversarial system but it was between the birth parents and CPS.

kitta

During the BSE, private agency social workers did the same termination threats. It was simple: agencies offered help in the form of temporary cradle care to desperate mothers. Mothers accepted this appearance of help, because their families had sent them away... and they had no home to take their children to. So they signed the cradle care agreements.

Then, the social workers took the care contracts from the mothers, without allowing them to even have a copy. ..no legal counsel, no recourse, no support.

Social workers were god.

Then the threatening calls would begin.If the mother refused to sign the permanent relinquishment, the termination would result from the social workers report to the court. Mothers would be subjected to a social worker's court report that stated" mother has no support. Mother signed temporary care. Child would do better with permanent 2-parent adoptive home..blah, blah.."

No signature was needed.

ETA: I have heard agency social workers admit that they still use threats of court termination to get relinquishments signed.

Yep my son's birth mother never showed for court over a period of 6 months she never worked her plan and they took her parental rights with not so much as talking to her. She knew they had her son and said she would work her plan but did nothing she just disappered. He will be adopted by us in a month or two

tricia123

I noticed no one has mentioned the father in this case. the mothers rights can be terminated without her signing any papers. They will be terminated by the courts. If cps is involed in the case, the mother has already gone to court at least once to find out what has to be done before she can get her child/ren back. sometimes its parenting classes, DV classes, psychological assesments/treatment, drug and or alcohol classes, TIPPS classes, random UA's, visitation etc... there will visitation recommendations that are set up between cps/courts and the mother that she has to attend. they are usually supervised; and the supervisors along with a report from GAL will also be presented to the judge at each hearing. If the mother has been doing everything that was receommended then her rights will not just be terminated. The court and cps both give the parent or parents up to a year tomplete everything needed, and sometimes will allow a little longer depending on the case and the parents willingness to comply with everything that was ordered.
Now as for the father if he is involved at all he will have similar things to do as well. If he isnt/wasnt involved with the case and is proven that he is the father he can petition the court to have custody. If he wasnt involved he will have to pass a hometudy, background check etc.. first. Now they will also be looking for any relative placements for the child as well but they will also have to pass all of the above things.

Meantime the child is placed into foster care, and hopfully is getting all the proper care he/she needs. the GAL and CPS worker will check on the child at the foster home to see how things are going. If the child is school age they will ask the child questions with out the foster parent being there. There will be a permancency hearing that is usually held at the cps office, everyone except the judge involved in the case can be there and it will be decided then what is going to happen. A. replaced back home with the parent/s - the child will stay in foster care until everything is completed and then the child will be transitioned from the foster home back to the parents home.
B. a relative placement (third party placement)
C. adoption

Now if the parent doesn't comply or follow through with everything that they were ordered to complete they can/will lose their parental rights. Once the child is award of the state they can be placed for adoption.
Now the state usually will do everything they can to get the child back to the parent/s. The first thing they strive for is reunification. If that doesnt work out the look to the other options.

I also want to add that the parent or parents if they arent together will have an court appointed lawyer as well, they will argue for the parents and keep involved with the parent/s as long as the parent/s keep in contact with them and fill them in on what they have and have not completed. etc..

HappyMomAnna

CPS will place children in foster care... and provide the parents with a Case Plan. The parents need to meet each and every requirement of the case plan in order to have their children returned.

By Federal Mandate of the Adoption and Safe Families Act of 1997 children who remain in foster care for 16 out of 23 months MUST have a permanent plan made. The state will look to see if any Relatives of the child can or will take them. Then write a permanent plan which could include placement with a relative, and/or adoption. Often, these permanent plans are written up concurrent with the parents case plan.

Meaning that the state ***Should*** have a permanent plan made even if they continue to work with the parents for awhile after the time period is over.

If the parent (mother) does not follow her case plan, and the state has a permanent plan made the Mother (parent) doesn't have to sign Anything because it's up to a Judge.

Most children in foster care have a Judge in charge of the case all along. When the Judge believe the state has done their part in working with the parent and made a permanent plan for the child it's all up to the Judge to decide. Some may offer a little more time--some not.

In other words CPS or the State has to prove the parent is Unfit by the fact the parent failed to meet the requirements or accept the services offered by the state. If the parent is Unfit then it's the Judges job to Terminate Parental Rights and make if possible for the child to have a permanent living situation and not spend years and years in foster care.

CPS ***typically*** doesn't take a case to a Judge for Termination of Parental Rights unless there is well documented lack of effort by the parent to try and do what's needed to have the child reunified.

Once a Judge has ordered the TPR it doesn't matter if the parent signs for an adoption since the TPR removed them from having rights and technically the child's parent is the State...so the State is who agrees to the Adoption of the Child...since it's their kid now.

Flying Monkey #073177

You bet they can and they do.

I "voluntarily" surrendered my son for adoption but it was made very clear that if I did not sign they would terminate my parental rights.

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