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What can I do or what is my legal rights?

Location: Arizona  |  Law type: Child & family lawyers Commented 1x

My name is Casey Combs and my niece was born October 13,2022, with drugs in her system. Her mother and father contacted a place where them and the baby could stay together while detoxing. Eventually, DCS got involved. On October 27,,2022, I was contacted by Karen Parra the DCS specialist invesgitator. She was calling to ask me if i was interested in being the kinship caregiver for my niece, her name is Lyla Renee Langley. She informed me that it would be permenant placement and she needed my information to run a background check on me. This was exactly one hour before she was going to show up at my house to do a home inspection. I agreed but informed her that I would not be able to make it to my house until after my client;s mother returned home. See I am a CNA and an inhome health care provioder and one of m y client's mother was out of town and by law i am not allowed to leave any of my clients alone without being relived fron my shift. Otherwise I can face abandonment and negelect charges.

Anhyway but I told her that my mother was there, who also had a bcakground check done on her because she lives in the home with me. About an hour later Karen called me back and stated that my  mother and I both passed the check. She just needed to know which one my bother wanted to be the primary kinship caregiver for Lyla to be. In the end it was decidede that I would the kinship caregiver and my mother the babhyitter. She came and did the home inspection and denined  the home. The reason on the letter stated that my home could not meet all the child's needs. But when I spoke to her oin the phone when she called ti tell me that it was denied she stateds that she owed me an apology because she had already had it in her head that my house was not going to pass based on the statements that my mother to her in a private interview. I then inquired about it was that I needed to do to reverse the issue.

Karen told me that all I needed to do was clean up the house and get rid of the clutter and call her and she would come back out and reinspect the home. During the time i took to clean up the house and get things in order for the inspection I asked her if there was anything specific that they would be looking for and her aswer was if I knew how to be a parent Then I would  know what to do to make my house baby safe. During this time the case got transfered to the permenant case worker. Who is telling me that there was a note attatched to the deninal letter about an issue with one of our back ground checks, which neither my mother nor I was ever made aware of until now three months later and I am now being informed that I have to file a grievance with an onbudsman and only if they find that my case needs to be remanaged will my reinspection of the home be done. After i have cleaned my house out, rented a storage until to put any and all things that may have made my home look cluttered, installed smoke and carbon deectors, stopped smoking in my ome, and reareranged my entire life with the believe that my niece was coming home to her family am i informed of all these other things never even mentioned by any other dcs employee there are just a few hundred more hoops I need to jump through.

All this time Lyla is missing out on being apart the family she belongs and becoming more and more depended AND ATTATCHED TO STRANGERS WHO ARE NOT GOING TO BE THERE IN THE LONG RUN. BECAUSE ONE WAY OR ANOTHER MY NIECE WILL BE RAISED EITHER BY ME OR BY HER FATHER MY BROTHER COME HIGH HELL OR HOT WATER. I WILL NOT STOP FIGHTING UNTIL LYLA RFENEE LANGLEY IS RETURNED TO HER BLOOD FAMILY AND EXACTLY WHERE SHE DESERVE TO BE AND SHOULD BE. PLEASE HELP ME AND IF YOU CAN NOT I WELCOME ANY AND ALL ASSISYTANCDE YOU ARE WILLING nd able tp give with this case. Please help right a wrong thart has been done tnot onlky this baby but my entire family.


Legal Options for Kinship Caregivers in Arizona

Understanding the Situation

It is heartbreaking to hear about the struggles you and your family are facing in trying to gain custody of your niece, Lyla Renee Langley. However, it is important to understand the legal process and your options as a kinship caregiver in Arizona. Kinship caregivers are family members or close friends who provide care and support for children who are unable to live with their parents.

Possible Solutions

One option you have is to file a grievance with the ombudsman, as suggested by the permanent case worker. The ombudsman is an independent third party that investigates complaints and concerns about Arizona Department of Child Safety (DCS) programs and services. If they find that your case needs to be remanaged, it may result in a reinspection of your home.

Another option is to consult with a child and family lawyer who can provide legal guidance and representation. A lawyer can help you understand your legal rights and options, as well as assist you in navigating the complex legal system. You can compare lawyers in your area and find the best lawyers by searching through online directories or asking for recommendations from friends and family.

Relevant Authorities

For more information on kinship care in Arizona, you can visit the following authoritative sources:

Legal Fees

Legal fees can vary greatly depending on the complexity of the case, the lawyer's experience, and the amount of time and resources needed to represent you. Here is a table with some estimated rates for various legal services in Arizona:

Legal Service Hourly Rate
Child and Family Law $200 - $400
Kinship Care Representation $250 - $500
Legal Consultation $100 - $300

Similar Legal Issues

There have been many cases similar to yours where kinship caregivers face legal challenges in gaining custody of children. Here are two examples with possible solutions:

  1. If DCS denies kinship placement due to a failed background check, the caregiver may file an appeal and request a hearing to contest the decision. The caregiver can also request an administrative review or file a grievance with the ombudsman.

  2. If a biological parent is contesting the placement, the kinship caregiver may need to seek legal representation to establish legal custody or guardianship. A lawyer can help the caregiver navigate the legal process and advocate for the child's best interests.

Legal Disclaimer

Please note that the information provided in this response is for general informational purposes only and does not constitute legal advice. This communication does not create an attorney-client relationship between the user and any individuals or entities affiliated with this response. It is recommended that you consult with a licensed attorney for legal advice specific to your situation.

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"What can I do or what is my legal rights?"

Arizona Child & family lawyers

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Written by Counselor
Fri, 05/05/2023 - 08:12

Legal Options for Kinship Caregivers in Arizona

Understanding the Situation

It is heartbreaking to hear about the struggles you and your family are facing in trying to gain custody of your niece, Lyla Renee Langley. However, it is important to understand the legal process and your options as a kinship caregiver in Arizona. Kinship caregivers are family members or close friends who provide care and support for children who are unable to live with their parents.

Possible Solutions

One option you have is to file a grievance with the ombudsman, as suggested by the permanent case worker. The ombudsman is an independent third party that investigates complaints and concerns about Arizona Department of Child Safety (DCS) programs and services. If they find that your case needs to be remanaged, it may result in a reinspection of your home.

Another option is to consult with a child and family lawyer who can provide legal guidance and representation. A lawyer can help you understand your legal rights and options, as well as assist you in navigating the complex legal system. You can compare lawyers in your area and find the best lawyers by searching through online directories or asking for recommendations from friends and family.

Relevant Authorities

For more information on kinship care in Arizona, you can visit the following authoritative sources:

Legal Fees

Legal fees can vary greatly depending on the complexity of the case, the lawyer's experience, and the amount of time and resources needed to represent you. Here is a table with some estimated rates for various legal services in Arizona:

Legal Service Hourly Rate
Child and Family Law $200 - $400
Kinship Care Representation $250 - $500
Legal Consultation $100 - $300

Similar Legal Issues

There have been many cases similar to yours where kinship caregivers face legal challenges in gaining custody of children. Here are two examples with possible solutions:

  1. If DCS denies kinship placement due to a failed background check, the caregiver may file an appeal and request a hearing to contest the decision. The caregiver can also request an administrative review or file a grievance with the ombudsman.

  2. If a biological parent is contesting the placement, the kinship caregiver may need to seek legal representation to establish legal custody or guardianship. A lawyer can help the caregiver navigate the legal process and advocate for the child's best interests.

Legal Disclaimer

Please note that the information provided in this response is for general informational purposes only and does not constitute legal advice. This communication does not create an attorney-client relationship between the user and any individuals or entities affiliated with this response. It is recommended that you consult with a licensed attorney for legal advice specific to your situation.

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