Thursday, April 1, 2010

I apologize for the delay in posting this. Life has been insanity and we actually left from the court hearing to fly to another state for relocation nonsense.

We into the last hearing with the state looking to do a "monitored return" (where they return the child and "watch") of Cookie to her mom THE NEXT DAY after having had 2 overnight visits--both in the last week (after the foster mom raised heck when they told her they were returning Cookie and she hadn't had ANY longer and/or unsupervised visits). The CASA (advocate) was not "for" the return. Nor was Cookie's lawyer. Actually, neither was her mother: she knew she couldn't handle it with a 3-week old baby. She made these comments to the foster mother.

Our lawyer's plan was to ask for "possessory conservatorship"--which would give us court-ordered visitation and access to Cookie's medical, daycare, education, psychological, etc. (any confidential) records just like a parent's access so that we could monitor how she was being cared for (and call it in to CPS if need be). Pretty much, Cookie would go home and WE would wind up babysitting the mother. First, tough to do from 1500 miles away; and second, doubly tough to do with a woman who won't even look at us. The conservatorship would also mean that if Cookie was removed, she wouldn't go into foster care--she'd come immediately to us.

None of this was what we wanted. And furthermore, if she were removed again, we wanted her with her current foster parents--not us. They want to adopt her. We just wanted to make sure she was safe and not with mom without supervision. Ever.

We got our lawyer in a room with the foster parents and made everyone's intentions clear--showing him that we were all on the same page that Cookie should be adopted by them and that they were willing to be conservators. In fact, they had been waiting for Cookie to be in their home for 1 year (which would happen in 3 weeks) so that THEY could enter the battle to keep her from mom, too. With all of this, our lawyer went and negotiated that Cookie would be transitioned back to her mom for a full return on June 1st. The current foster parents would be possessory conservators (which doesn't expire--it requires an "order to modify" be filed with the court) and the mother would be restricted to living in the county they currently live in (which has a MUCH harsher CPS judge) or one of the contiguous counties as long as Cookie is with her and/or transitioning to her. If she wants to up and move out of state to live with her mom (or anywhere else) she has to hire an attorney and take it to court... and the conservators can object.

Everyone agreed, of course. Mom is happy that she won't be blindsided with a quick and untransitioned return--not to mention getting us out of it. CPS is thrilled because they're out of it. The foster parents are glad because it gives them legal standing in Cookie's care and she will go directly to them if something happens without foster care issues. We're happy because someone that the mother will actually interact with (but also won't get sucked into her crap) will have an eye on Cookie and regular visitation--and will allow us to see her as well.

I should note that this was not the usual judge. It was a new guy. We liked him and when our lawyer wasn't in the room and mom's lawyer tried to get him to hear the case anyway, the judge shut him down. ;)

Our lawyer said it wouldn't have been possible if we hadn't had intervenor status and been showing up because then nobody would've been there for CPS to "appease" with conservatorship. The foster parents wouldn't have had the legal standing yet to do anything on Cookie's behalf and if they got the monitored return, they'd have never GOT legal standing. So our involvement resulted in what we ultimately wanted: Cookie will never be with her mother without supervision/someone looking over her shoulder. At least there is now the added bonus of her maintaining a bond with the people she would automatically go to if mom screws up (which everyone knows is a matter of time).

*whew*

The story will continue until Cookie has permanency. Even if she goes back to mom, I will update you with what I get from the conservators through their visitation and review of the information.

Thanks to everyone that has helped and supported us in whatever way... thoughts, prayers, donations, etc. We really can't thank you enough.

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