Expert: Chandricka R. Mose, LCSW-C, LICSW, ACSW - 10/9/2011

Question
My sister and brother has been in foster care for 5 years. They were both in the same foster home but have been separated now for a year due to issues with my sister. I live in NY and they live in Texas. My information has finally been sent to NY so a home study can be done but only for my sister. CPS and the kids lawyer in Texas is trying to discourage me from getting my brother they are only worried about me taking my sister, they state they will not approve my brother to come with me because the family he is with loves him and he is comfortable and they want to adopt him. Now my father which is there father has not signed over his parental rights but their mother has, what can I do so I can get both of them? I know I should have no problem passing  the home study and I also have my foster care license and I have more then enough room for both of them

Answer
Hello Tamika,

It sounds as though your brother's goal has been changed from reunification with family to adoption.  The only thing you can do is make your desire to care for him be known, as it seems you have done.  If they are not listening to you, it might be helpful to obtain an attorney to advocate for your wishes.  I am not sure if you can have one appointed or if you'd have to pay on your own, that depends on the laws in New York.  Also, be sure to contact his attorney to make your wishes evident.  The only other thought is that there may have been some concerns that have caused the agency to determine that the children should not be placed in the same home.  This could be precluding you from getting both of them and would prove more difficult to overcome in pursuing their placement together.    

I hope this is helpful,

Chandricka Mose