Has your brother been in contact with the case worker since he got out of jail? If you are the uncle, why weren't you considered for placement? Generally CPS looks at family first, then foster care.
He has been in contact with the case worker and anything he says to her it seems as if she trys to use it against him. It seems as if she is not in his court. The story is that my that my brother was in prison when this all came about. The mother had been clean and sober for a couple of years and living with another man who sexually abused my nephew and his older brother. When the perpetrator moved away, the oldest boy told. (my nephew is the younger of the two). When the mother went to the police, it came out both boys were molested. The mother within a couple of months turned back to drugs. Because the children have a rare disease, (Barth's Syndrome), they were misconstrued for being malnutritioned and neglected. The mother had another child that died a couple of years ago from this rare disease, but was accused of neglect. In that process the rare disease was diagnosed.
My brother wrote to this same public defender over a year ago stating his intent to have his son upon release of prison. The public defender never expressed this to the courts. Infact when my brother showed up at the court hearing they wanted to know why he was coming forward. They thought he had signed over his rights and was no longer a part of the equation. I know this because I had the lawyers files at one point when I was going to hire a lawyer for my brother. I can't afford it now. The judge ordered for this same public defender to come back to the case.
I was never considered because the mother did not know about me. My brother and I have not been in close contact for years due to my brothers using drugs in the past. TODAY, we are very close and in contact on a daily basis. I don't feel the courts exercised enough due diligence in searching out other family members.
My wife and I are willing to take in one or both of the boys as foster children if need be to allow the reunification if the courts do not allow my brother to have his son.
My thought is if we send a letter return receipt to the lawyer declaring my brothers intent of having his son, the courts would then recognize this officially. What court motion do we tell the lawyer we want done to accomplish this? My brother wants his son. We are just the back up if he can't.
The boys are now in Hawaii with the maternal aunt applying for adoption, when 6 months ago she didn't want them. We all are in California. Both boys are from California. The aunt initially took them for 30 days. Both boys are suicidal and have been hospitalized for over 30 days.
Please HELP!!
