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Legal Risk

Forum: Adoption


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December 19th, 2008, 12:26 PM
Generally Crispy
Join Date: Aug 2007
Location: Arizona
Posts: 4,844
I've been all over the internet looking for the answer to this question and have found no information.

Without going into great detail. My nephew is in a foster home in another state. I applied for ICPC and it was granted. Home study was opened and our home is now licensed for a Kinship Placement of my Nephew. We've met and exceeded all requirements needed. Our state returned the approved home study to the sending state. The sending state has had trouble keeping open lines of communications with all involved. They are unresponsive in nearly every matter. It took a little bit of pressure from me...and some letters written to the govoner to get some attention to what has been going on. But I've got the attention now.

The sending state is preparing a request for an updated Home Study for Adoptive Placement of my Nephew and will be contacting pur state to determine if our state will accept "Legal Risk" for Placement. My big question is, does anyone have information on which states will accept Legal Risk?

I'm waiting to hear from my casewroker here, but lack the ability to want to wait and see.

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December 19th, 2008, 07:04 PM
SarahBethsMommy's Avatar Mega Super Mommy
Join Date: Nov 2007
Posts: 4,847
Hmm, I really have no idea about the legal risk. We are traditional foster parents in Alabama. The system is a pain to work through, but I'm so glad you have worked so hard to get your nephew! Really the only way I get things done is to keep calling and nagging as much as possible.

Good luck! I hope he is home with you soon. Keep us posted!

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December 20th, 2008, 06:17 AM
Platinum Supermommy
Join Date: Aug 2005
Location: Atlanta, GA
Posts: 24,588
I agree, I would call and nag them til I got my answer Sometimes that's what it takes Good luck and let us know what you find out - We are so happy you have taken on this - I know it's not easy
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December 30th, 2008, 11:15 AM
~Ivy~'s Avatar Mega Super Mommy
Join Date: Nov 2008
Location: The Desert
Posts: 1,989
I'm not sure....seems like you've had quite the ordeal! I would contact the childs ad litem if these problems continue...
Mommy of Destiny, Jon, Staci, Luke, and our newest addition Jake!

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December 30th, 2008, 01:01 PM
Generally Crispy
Join Date: Aug 2007
Location: Arizona
Posts: 4,844
His Ad Litem is of no help. The Ad Litem has stated that he doesnt want him leaving the state because "he may end up in a gutter". Yes, those are exact words to his biological mother (my sister). This has been a horrible ordeal to go thru. I often wonder if this isnt intentional to see if we'd back down or give up. But I've got news for them, Im not a quitter!

We've still not heard anything from the sending state in regards to anything pertaining to this child. As we have been informed by Children's Division, they aleady have a preference to the foster family as his adoptive home due to the fact he was placed there and has come accustomed to the home.

According to them, they gave up "reasonable effort" to locate family back in Oct of 2007, 5 months after I initially contacted them requesting placement. So they knew about me. My sister stated that when she was asked about other family she told them about me and they refused to explore the possiblity due to the fact we are in another state, however this would have been where ICPC would have come into the picture. They stated they have a document stating that she claimed no family and signed by her, they were not aware that I was in possession of the entire case file and have read every single page of the file and know that it does not appear in the case file anywhere. I would have rememebered that.

To me it seems like alot of the run around and like alot of them over there are either intentionally hold his up for causes unknown to me or that they arent sure how to make placement in another state.

I know that if he is placed here and all is said and done, we are going after my sisters oldest child as well. This whole case just lights me on fire!
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January 1st, 2009, 11:17 AM
mswordwiz's Avatar Mega Super Mommy
Join Date: Jul 2008
Location: ATL
Posts: 1,902
Can you retain an atty in the state that your nephew is in ?
I hope that you can get the kids into your custody.
And now there are 6....
Traci 14
Leigh 9
Brandon 6
Suzanne (1-18-2009)
Kyle & Luke (1-22-2009)

"Anyone engaging in illegal financial transactions will be caught and persecuted." --George W. Bush, Washington, D.C., Sept. 19, 2008

Another day, another 72% for the same work, different pay......
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