A couple months ago, after my youngest brother (age 11) took an overdose of my mothers Xanax. He was taken to the hospital, and to a child behavioral health hospital afterward. Of course when this first happened, and the paramedics were called, CPS was contacted to interfere on behalf of the kids. My youngest sister (age 13) became involved after CPS decided the home wasn't safe for her either, so they were both removed from her home and our grandmother volunteered to take the kids into her home. They have both been staying with her for about 5 weeks now and are both doing so much better.
I'm not sure why, but recently the original case worker was removed from their case, and there is a new case worker on now that is adamant about doing whatever possible to get these kids back home. Every person in our family disagrees with this, especially the kids. They are afraid to go home and we are all seriously concerned for their welfare if this happens.
My question is, what are our options as a family after CPS fails these kids and sends them home to a mother who is a drug addict and a father who is an alcoholic? Also, do these kids really have a say in the matter, or is their future completely up to the case worker?
Any help would be extremely welcome.
Thank You!
E.G.

A lot of the answer depends on what OTHER options the family might have in mind. CPS's first priority is to return children to their parents whenever possible. At this point, them TRYING or having that goal is consistent with their directives. That doesn't mean that CPS will ACTUALLY return the children, only that the FIRST thing they will try is to get one or both parents to the point where their return is possible. Don't condemn CPS as if that decision has already been made...but DO be aware that keeping families together WHEN POSSIBLE is a major goal. If that goal cannot be attained, then other options will be explored, such as a change in guardianship if other family is willing to become legal guardians or adopt the children, or, things like foster care or a group home if they're not.

So the family can either wait out the process and see if the parents improve enough for CPS to return the kids, or can proactively work towards obtaining guardianship or adoption now. If both parents are willing to go along with that plan, it's not too terrible of a process, and CPS can be an ally. If one or both parents objects and is willing to work on a caseplan and show progressive progress in that plan, then the process is much longer and CPS would have to ultimately convince a judge that they've done everything possible to support a reunion and the parents have failed and been deemed unfit. So long as the parents are working towards reunion, they'll be given a LOT of leeway and primary consideration. If they are utterly failing at whatever case plan CPS has laid out for them. alternative plans will be given a closer look.

Ultimately, no, the children may get to voice an opinion, but they will have no direct say. Neither does CPS. Ultimately a family court JUDGE will be the one deciding. CPS will have input as far as telling the court the problem and what solutions have been tried and the outcomes of those attempts at solution. If a guardian at litem gets assigned to the case to represent the children, their input will carry a lot of weight as well. Other professionals such as therapists who have interviewed or worked with the children may be asked for their opinions. If the family is seeking guardianship and the parents contest it, the family's attorney would present the family's arguements. The judge takes all this in and makes a decision as to what they feel is in the long term best interest of the children.

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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

I have to agree with aardvarc on this one. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.