daughter had baby placed it for adoption ,tested positive and was reported. my grandaughter was and is living with me at a different residence. I have power of attorney over her. cps came and are making her a ward of the courts. my house is a safe place for my grandchild. I do not understand why she can not stay with me.?
There could be a lot of reasons that DCS felt it necessary to to take custody, but one is likely that a power of attorney is not secure enough to ensure the safety of the child. Your daughter can revoke it anytime she wants to and DCS would not get notice of that. You need to seek a Permanent Guardianship of your granddaughter - that's more secure and if your daughter sought to revoke the Guardianship there are safeguards in place for DCS to ensure that your granddaughter is safe, before your daughter could take physical custody of her. At this point, however, if the dependency is already opened and your granddaughter is in state custody, you should go to every hearing and make the DCS caseworker and the judge aware that you want to be kinship placement. My advice is that you work "with" the DCS caseworker and not "against" her/him.
Best to you and your family,
Kristy B. Blackwell Stuart & Blackwell, PLLC 1490 S. Price, Ste 318 Chandler, AZ 85286 480-420-2900 480-420-2911 fax www.stuartandblackwell.com Legal Notice: This information is intended only for the use of the addressee and may contain information that is privileged, confidential and exempt from disclosure under the applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are notified that any dissemination, distribution or copying of the communication is prohibited. If this is sent in error, please return to the above address, and notify [email protected] If the subject matter concerns a settlement, the document is transmitted on the condition it is a communication subject to Rule 408, Ariz. R. Evid. Thank you.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline