AboutPeter C. Winkler, CSW Expertise I have experience with adoption subsidy, the Interstate Compact on the Placement of Children and variety of other adoption related matters. I hope that I can be helpful to those who are considering adoption or would like to adopt a child.
Experience I am a social worker with an MSW and I have over thirty years of experience in family and children's services. I have worked as Director of adoption services and of the Interstate Compact in a large state agency. I have also provided direct services to children and families in a preventive services program. I currently prepare adoption studies for those who are adopting domestically or internationally.
Question My five year old sister was recently taken into custody in KS based on allegations from HER (we share the same mother different father's) sister stating they had been molested. The two girls as well as their brother were taken into state care. I contacted both the social worker and foster care worker and was told by the social worker we may be able to get my sister the foster care worker said no because they were having visits with their father, and because I live out of state (I live in Alabama because my husband is military.) Four questions: Is it normal to allow visits when there have been allegation's made against the parent? Why is it such a big deal to allow the children to come with us they won't allow us to take all three children even though we can provide a good home, we have actually started the process to adopt before this ever occurred? If my mother is not willing to work towards re-unification because she can not pass everything then is there a way to let me take her place in working towards re-unification such as guardianship? Lastly can we fight the State of Kansas for custody of at least my sister in not all three children?
Answer Dear Austin,
You are presenting a very complicated situation and I hesitate to give more than general advice. This little girl is your sister and it is a very good thing that you are trying to help her out in what must be a very sad and confusing period for her. At this point I would say that it is a good idea to keep in regular contact with the child welfare workers in KS and to speak with your sister on the telephone and possibly visit her.
The fact that you live in another state and are a good distance from your sister makes it more difficult for the child welfare staff in KS to get a good idea of your ability to take in your sister and possibly the two other children. If you were to become a foster parent or adoptive parent for your sister and possibly the other two, child welfare staff from Alabama would have to do what is called a home study which usually takes several months. That would involve the Interstate Compact for the Placement of Children whereby KS sends a request to AL and then visits are made and reports are prepared. Then a judge in KS would have to review the reports to determine whether you and your husband are capable of caring for your sister and possibly the other two children.
When someone is in the military, the fact that they move frequently often complicates things. If you and your husband moved prior to a decision being made, you might have to repeat the same steps in another state.
Right now, I think it is a very good thing that you are trying to maintain contact with your little sister. If you need additional information as you go along, feel free to ask more questions. Also try to maintain a positive relationship with the child welfare staff in KS. You may need a lawyer down the road, but I think you can wait on that for now.
