My sister has had a drug problem but is doing what the doctors are telling her to do for treatment. While hospitalized for part of this treatment they set up an appointment and she was not properly notified about it and now they are trying to take her away completely. Is this legal? They had several ways of relaying a message to her and she also let them know that she was going to in house treatment. They are now setting up a hearing to sever her parental rights so what can we do to stop this?
Social Security Lawyers
Your sister should have a court-appointed attorney who would be looking into the lack of proper notice issue if appropriate.
Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.
Family Law Attorney
She probably already has a court appointed attorney. In Arizona most parents qualify for public defense services when there are dependency proceedings. It may be advisable for you, as her sibling to consult with legal counsel for yourself. CPS should vet placing the child with you as a 'kin' placement. This does not fix the problem, but it may slow down the process in order for your sister to demonstrate that she is sober...and without the risk of well intentioned foster parents falling in love with the child and wanting to adopt.
If your family is willing to help, it may be advisable to consider private counsel for your sister. Sometimes having extra attention (perhaps more than the public defender can give) is the difference between a severance and a reunification. www.woodnicklaw.com
Here are a few links that might be helpful:
This general information does not create an attorney client relationship between the questioner and the author. The internet is NOT a place to get 'legal advice'...although gathering general information is always helpful.