Foster Parents and Sibling Placement

There seems to be a new trend within CPS. CPS is now breaking up foster homes that “they created”. Many foster parents are now licensed “foster to adopt”. This means that they are looking to adopt (should the child become eligible) the child that is placed with them within the foster system. When a baby is born, or an infant is placed in the system, CPS has a duty to determine is that child has siblings. This in important because it is CPS policy and the intent of the legislature that children be placed with siblings (full or half) if at all possible. But the search for the siblings is just not happening as it should. So these babies are being placed in the “foster to adopt” homes and raising the hopes of the foster parents. CPS tells them to take this baby, love him, protect him, care for him, etc. Ultimately, they bond. It’s impossible to stop. Then CPS seven, eight, nine months later finally finds the time to locate siblings. If they choose to follow their own policy, they have no choice but to remove the child from, usually, what is the only home that child has ever known and place with the sibling(s). Now we have another broken home.

If the foster parents are able…and with the help of new case law…they can file suit for custody of the baby based on “substantial past contact”. Even though the Texas Family Code states that foster parents do not have standing to sue until the child has been placed with them for one year, the Texas Courts have stated that they have another avenue. If the baby has been placed with them for a substantail amount of time, standing is created. Now, 7-9 months may not seem like a long time. But if you look at the age of the child, an infant for example, that was placed in the foster home at 3 days old, then 7-9 months in 100% of that child’s life.

If CPS were to simply to the job they are intended to do, this situation would not be created. Simply put, they are creating mess after mess.

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16 Responses to Foster Parents and Sibling Placement

  1. Nancy says:

    Hi Julie. I would like to speak with you about this article. Can you contact me please. Thank you.

  2. nancy says:

    Hi Julie. I would like to speak to you about your article. Can you please contact me. Thank you.

  3. mary says:

    CPS called us to interview our 8-yr-old from a (just transferred a few weeks ago) school report and they are accusing a family member. Yes, our initials thoughts were to TRUST in CPS, so we attened to this “forensic interview” that took a little over an hour. We signed a form but did not initial 4 stmts in that letter. The detective offered an phyiscal exam with blood work to determine for any STDs at the CPS office for this week. They did make a statement that we were not being investigated and she is safe with us as long as we do not have this alleged person around her. However, after reviewing & researching these cases, we would have exercised our rights with precaution as we do have the best interest of our child & would not be trying to WIN cases instead. We do not want our child to be used only as a # in CPS system. They also want to interview the other children in the family. We are now questioning whether someone is implmenting such ideas or words in our daughter’s mind. We have requested the forensics interview and are very disturbed we were not there with our daughter. I’m seeking more information about our parental rights and our child’s rights. Would CPS still attempt to conduct interviews with the other children? We hope our family’s well being and peace will not be disturbed or used as a # in CPS system. I also commend all your efforts to help families.

  4. Tanisha Edwards says:

    Hi Julie,

    I would like to speak with you regarding this article this has just happened to me a couple of days ago, god made me get on computer this morning and bring this article up. Can you contact me 817 404 7733

  5. jketterman says:

    You are free to contact me via email at Julie@khalawyers.com or at my office at 713.652.2003 to discuss any issues you may have. What article are you speaking of?

  6. francesca says:

    I had a CPS case closed without me knowing it closed I never receive my final letter even though CPS told me that they sent several to my home which I don’t think they sent to my new address I do believe in me sent to my old address because my CPS worker retired after she took my last drug test for me and told me that when we get the results show I’ll talk to me we’ll find out what the next step is um this was after 9 months of my kids already being taken and put in placement I put them placement with my brother who is now saying that ,she doesn’t wanna give them back to me american my house I have a 2 bedroom homes my key for crystal um I was out it was duplex for the backyard come to bedrooms and jen yeah I I don’t run I saw that to cover my case sad that she sent several matters to me I never got my kiss ass um she did tell me that on the computer it says it’s up to my brother if he wants to give them back if I’m finding say it but I am me n my fancy he pay for 700 in some dollar rent every month up how do bills electric water we pay for food miscellaneous items I just want to know what forms I need to fill out who to send them to how to fill them out please help me I want to do it myself I’m in court I just need to court to open up doors for me I don’t even know how to do that I found the court ordered a court appointed attorney form but I don’t even know how to feel it out without me being able to get a court appointed attorney please help me I receive did Sam because I was pregnant and not anymore but I’m still getting them please help me to help myself to help me get my kids I can’t afford a lawyer but I can’t do the best I can in knowledge to get them fight in court pleaseoh yeah I had and new classes for parent classes they wouldn’t give them to me I have a therapist to advice for me in court if she has to she did an intervention with my caseworker and I and she is more than willing to tell the court that she asked why am I not receiving my parent classes are any of the classes in my case worker informed her that I didn’t need to I had and the mental assessment done and I was told that I didn’t need any drug treatment I’ll call treatment that I didn’t ok um I told him to give me anything there be whatever so they did me out I didn’t want to go back to make it work without anything so I’m I just I want to cooperate it into my brother was told that I wasn’t doing anything absolutely anything um he asked for the paperwork and everything and I’m I’m going to send over a couple things that I have but I need more paperwork and I filled out a form for my paperwork but I won’t get anything for 18 to 24 months at the 4885 G form I am I know I’m barely going to receive it in the mail and I’ll send it back and then I’ll wait 18 to 24 months for my paperwork but I need my last letter and I don’t know how to get that

  7. jketterman says:

    Call the program director and ask for your disposition letter

  8. Rhoda says:

    Ms. Ketterman, as great and wonderful as it would be to keep siblings together and for CPS (and some judges) to abide by the laws, I fear that is still a long way out… I was granted standing in KJ’s case due to substantial past relationship with her (been in her life since she was in the womb), her biological mother, and I have legal permanent custody of her only biological sibling KM (who has been in her sisters life from day one). The judge ordered KJ to be placed in my home under fictive kin, after being in foster care for about 4 months. After living in my home for 8 months, the same judge ordered KJ to be moved to a paternal 2nd cousins home. Her ruling “The law states order of priority: non-offending parents, blood relatives, then fictive kin.”. (Interesting, the judge placed KJ with me, having myself & the cousin’s homestudy to choose from at the time, mine was the only “approved” one however…) Seven days after moving, KJ made her first outcry of abuse, then the bruises started to show up, eventually law enforcement became involved. Law enforcement determined KJ was being physically abused in the home of her cousin, advised CPS to remove her immediately. CPS did not, however, they did get together with the cousins attorney & have our weekend visitations terminated 6 days later. Now, the 2 sisters who once shared a bond, get to see eachother once a month for 2 hours supervised by KJ’s abuser… Until that is, CPS is out of the case at which time these visits no longer remain court ordered…

  9. Malikah Marshall says:

    I have had an infant for the last 9 months, She is 11 months old. I have gotten little to no information from CPS about the case. I know there was 2 failed drug tests by the father and 2 passed drug tests. They have not been consecutive. She was to be returned to the father next Friday. Day care runs out for me Saturday the 24th. I called to inquire if there was an emergency fund to pay for the additional week and the supervisor pushed up the reunification to this Friday. I wanted to adopt her, but never was told of any hearings. There was a permanency conference that I was invited to 2 weeks ago, but then told not to come. I am unsure if I should try to continue to be an advocate for this child or if I can have her tracked after returning home. If she comes into care again, I still wish to adopt her.

  10. jketterman says:

    You can intervene into the case. You have standing under substantial past contacts. You now have the right to fight for her.

  11. jketterman says:

    I am so sorry. For you, but most of all for the sisters. The judge followed the law, and I’m happy to hear that. But there are always exceptions…especially when it comes to siblings. This breaks my heart. What county is this in. I would love to help.

  12. Jessica says:

    We live in Montgomery county and were placed with a toddler about 2 weeks ago. We were told BEFORE placement that he had a 1 month old half sister who was still in the hospital due to complications. We were asked if we wanted her by CPS and we said for sure! Depelchin is our agency and promised to keep us informed when she was ready to leave the hospital. Unfortunately she’s in College Station. We were willing to travel, whatever it took. Well, pretty much behind our backs, the infant was placed with another family. We’re hoping that this family was informed that it’s just temporary, but you know how CPS gets things wrong. So here we are still waiting and wondering and no one seems to get any answers. Do you have any suggestions?

  13. keyonna says:

    Im 30 years old and i have a 2 day old little brother to whom they father and mother cannot provide for. What are my leagl right by being his sister do i have if they want they child to be adopted by me. The mother cannot have custody of the child because of drugs and prostitution.

  14. vickie hallmark says:

    I would love it if you could call me or email me I have a daughter that has been taking care of a brother and sister since sept of 2014 the court date is coming up at the end of june and it looks like they might be going back to the parents.. when the children where placed with her it was almost a quarentee that she would be able to adopt them. since that time she has had serveral cps workers a new judge assigned to her case. the mother has already had one child removed from her care from the cps from what I understand the child was burned. when the little boy was borned (he is the younges of the 2) he is 1 and the the little girl is 2 she tested positive for drugs.
    the father was in jail at the time and at some point he lost his rights but when he was released his rights were given back to him. they have not done any drug test or parenting classes. and they don’t even have a place of there own or even a automobile
    I was just wondering who stands up for these kids and protects them to give them a chance in life without harm and being afraid to sleep
    please help me time is running out
    Vickie hallmark this case takes place in Houston texas

  15. jketterman says:

    You have to stick up for the kids. No one else will. Please contact me and I will be happy to talk to you about your options.

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