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.