My sisters children were taken and placed with our mother for child neglect. She had another daughter years later and when the child protective services found out they took her daughter from the hospital. Days later they came out to inspect my mothers home where my sister was staying and said it wasn't adequate. I live in CA and I tried to get guardianship and discouraged by social workers. 8 months later the judge order for me to be considered. I got a home study which took months and was approved. The social worker told my sister and me that everything was great then argued in court that my niece didn't know me and the judge denied me. She was told she had no grounds to appeal. I recently found out they didnt even have grounds to take her from the hospital. Can anything be done now?
Your question requires that you confer with an experienced family law attorney in the state where the custody action(s) took place. No attorney on Avvo will be able to give you specific legal advice regarding whether you are within the time frame for an appeal of the court's decision, which is what you require. I encourage you use the "Find a Lawyer" tab at the top of this page to locate an attorney for assistance.
A positive homestudy does not guarantee placement even though the law does express preferential treatment for relatives and nonrelative kin over strangers. A judge presiding over a case like this typically takes many factors into consideration which may include but is not limited to a homestudy. The court is ultimately bound by the best interest standard, and one of the factors within that standard is whether the child has a bond with a potential relative placement. The portion of your question relating to your sister's right to appeal it's best answered by an experienced local attorney with whom you should schedule a consultation right away, as there are limitations on the time to file an appeal. The timing of the right to appeal depends on what stage of the proceedings you are at, what orders have been entered thus far, and how much time has passed since the entry of those orders. Since your question does not contain any of this information, it is not possible to answer that part of your question here.
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