One thing you will never hear from a caseworker, court appointed attorney, private attorney or a family court judge is what you(as a family member of a #TAKEN child) should do to place yourself in a position to be able to legally stand as a “party of interest” to the child that has been taken into the custody of the state by Child Protective Services.
None of the above mentioned people want you to know about or file a Motion To Intervene.
The very first thing you should know is that you MUST file the motion quickly.....as soon as possible after the child has been confiscated. The reason for this is to establish yourself as a part of the service plan, as a possibility for a safety plan and as a possibility for permanency when the time comes.
Because of the way CPS alienates and assimilates the child into the foster/adoptive family.....the longer you wait....the less chance you have of keeping your beloved #TAKEN child in your family.
You need to remember that the primary goal of the agency is adoption to strangers from the very moment that child is made a ward of the court. The longer you wait....the less chance you have of actually retrieving your grandchild, niece or nephew from this very corrupt court system.
That judge is as interested in the maximization of Title IV-E and Federal Adoption Incentives funding as the agency that harvested your #TAKEN children.
A family member needs to completely separate themselves from the parent in the courtroom. Hire your own attorney or do some intensive research and file your Motion To Intervene pro se.
Remember that if you choose to represent yourself....there is a presumption by the court that you are able to represent yourself as well as any attorney in the courtroom. Most citizens have not done enough legal research to accomplish adequate representation of oneself and I do not recommend “going pro se” in the corrupt family court setting. No one is going to tell you that you screwed up OR give you advice or a second chance when you do.
That District Attorney that is representing the Child Protection Agency will tear you apart just because you do not have the knowledge to defend yourself.
You need to know that even with a private attorney....the judge may deny the Motion To Intervene. A judge can deny the motion for no reason at all.
Why? Because the family courts do not operate under Constitutional Due Process and these judges have gotten away with it for years.
If you want the child you must try though. As new laws have come on concerning a new emphasis on Kinship Placement.....we are hopeful that the legal position of relatives will be strengthened.
The Motion To Intervene is the very first step a relative should take to be considered for placement. This motion will vary from state to state depending on state law.
If an attorney tells you that you do not need to file a motion to intervene.....you need to find a new attorney.
As you stand up to take legal possession of your grandchild.....you will hear from a caseworker, supervisor and agency that will tell you that you don’t need the motion to intervene. Ignore them. They are not attorneys and should not be offering you legal advice.
You will NEVER hear a person from Child Protective Services tell you that you(as a relative) should file legal motions to protect yourself. Your interaction with caseworkers after you file the motion should be brief and you should NOT be chatty with them. That caseworker is not your friend.
If you are determined to be “a person of interest” or “a party to the case”.....you will be given an Individualized Service Plan with a list of actions to complete in order to be considered for placement of the child with you.
Complete those services quickly. They may include getting a foster care license, making improvements to your home or moving to a home with adequate space to accommodate the child, parenting classes, counseling and visitation with the child.
These actions are separate from your child(the parent of the #TAKEN child). As painful as it may be....you may need to separate yourself from the parent if you hope to gain a kinship placement.
Remember: No one in this process is going to tell you to file a Motion To Intervene. You must act on your own behalf and insist that your attorney file it. It is a legal document that gives you legal standing.....something Child Protective Services does not want you to have.
The earlier you file....the better chance you have of retrieving your beloved child from this nightmare. Act quickly.