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Relative Placement

Relative placement in a CPS/juvenile dependency case refers to the placement of a child with a relative or extended family member when they are removed from their home due to safety concerns or parental neglect. Relative placement is important because it aims to maintain the child’s connection to their family, culture, and community while ensuring their safety and well-being.

When evaluating relative placement, several factors should be considered by the juvenile court:

Relationship with the Child: The court assesses the existing relationship between the relative and the child. This includes the nature and quality of the relationship, the level of familiarity, and the relative’s ability to meet the child’s needs.

Safety and Stability: The court evaluates the relative’s home environment to ensure it is safe, stable, and suitable for the child. Factors such as living conditions, availability of resources, and any potential risks are taken into account.

Parental Support: The court considers whether the relative is willing and able to support the child’s relationship with their parents. This includes facilitating visitation, cooperation with the case plan, and promoting reunification efforts.

Legal Considerations: The court examines the relative’s legal eligibility for placement, including criminal background checks, home studies, and compliance with any necessary licensing or certification requirements.

It is essential to evaluate and consider relative placement early in a case to minimize disruption for the child. By exploring potential relative placements early on, the court can make informed decisions regarding the child’s immediate safety and long-term well-being.

Our attorneys can bring a placement motion on behalf of a relative by following these steps:

Gathering Information: The attorney collects relevant information about the relative, including their relationship with the child, living conditions, and willingness to provide care.

Assessing Eligibility: The attorney ensures that the relative meets the legal requirements for placement, including any necessary background checks or licensing.

Preparing a Motion: The attorney drafts a motion requesting relative placement, outlining the reasons why it is in the child’s best interest and supporting it with evidence and documentation.

Presenting the Motion: The attorney presents the motion in court during a scheduled hearing or at an appropriate stage in the case. They articulate the reasons why relative placement is suitable and beneficial for the child.

Advocacy and Representation: The attorney advocates for the relative’s placement by presenting arguments, cross-examining witnesses if necessary, and addressing any concerns raised by opposing parties.

Ultimately, the court will make a decision based on the child’s best interest, considering all relevant factors and the recommendations of the parties involved, including the attorney advocating for the relative’s placement.

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