HomeChild CareCan Child Protective Services legally take a child if an alternative suitable housing can be provided?
Posted in Child Care on 16th May 2014

Can Child Protective Services legally take a child if an alternative suitable housing can be provided?
So my sister was recently arrested for drug related charges. This resulted in an investigation from the CPS. Following the investigation they scheduled a meeting to discuss options. During the meeting they ruled that my sisters daughter can return home under certain stipulations. (My Aunt was at the meeting as well and agreed to take custody if necessary. My aunt is a suitable guardian with now record what so ever.)
So later that day CPS came to the door with a court order and a couple police officers. There were items on the police report that they received that caused them to reverse the decision. They took the child from my sister and said that she is being taken into emergency foster care until a meeting on Monday (today is friday)
I understand that they can rule the living situation unsuitable for the child and have every right to order the child to be removed from the household. But when they came in we told them that my aunt can and will take her out of the house right now and will keep her away from my sisters home.
The paper work said that the child will be sent to foster care “If a suitable guardian is not available”
But we did have a suitable guardian willing and available to take the child. One that was present at the meeting.
So, are they legally allowed to take her even if we were willing to relocate her to a suitable alternative home? I really dont like the idea of my niece with strangers.

Best answer(s):

Answer by Kristi Howard
Yes they can do that. Your aunt needs to go before the child protective services and get into an agreement where she can be approved in the fast track situation to take care of her.

Answer by parsnipianna
Yes, the suitable guardian part will be discussed at the next meeting. Sucks, I know. You are all going to need more patience than you should have to have. Hang in. And stay calm and polite.Keep thinking “It’s for ____________'(child). It’s for ______.

Answer by Jan
Of course they are legally allowed to take her. Before they place the child in your aunts care she will have to be evaluated. They don’t just stick a child with a family member without first investigating their background and home situation.

Answer by Alan Clark
The law in most state give this option, However the state has the final say period.And if they so deem You may not have access to the child at all.She put her daugther in this situation.and ya,ll did nothing to protect .the Child. So the state has and will do what it thinks is neccessary to insure the safety and well being of this Girl.I,m really Sorry about this But when the state steps in,Depending on the case work. they have complete control.I imagine Though with repeated persverance ya,ll should be able to get her Home. Don,t give up.

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