minoanmiss: A little doll dressed as a Minoan girl (Minoan Child)
minoanmiss ([personal profile] minoanmiss) wrote in [community profile] agonyaunt2021-08-26 02:49 pm

Dear Prudence: Am I Possibly Stealing These Kids?



My husband and I (both white men) decided to become foster parents several years ago, with the ultimate goal of eventually adopting. We took the classes and our first placement came to us in Sept 2020, during the pandemic. In my estimation, we have done an excellent job with the day-to-day, but something has come up that I’m at a loss about. I’ll try to be brief.

In short, the agency has decided that the children’s extended family (they are two siblings, both parents are incarcerated for unknown “drug-related” reasons) is ill-equipped to care for them, despite owning a home, seeming to have a stable income, and already having raised two children previously. They have asked us to step in and proceed with a full adoption. My husband wants to do this as he has always wanted children, and these two are pretty awesome. I am very hung up on a number of things that can be boiled down to: I feel like we are stealing someone else’s kids. We don’t know (and the agency won’t say, for “privacy” reasons) why the parents are incarcerated, and we don’t know why the extended family has been ruled out and denied custody (they really seem fine, stable, nice, and they are interested in the kids), also for “privacy” reasons.

This seems insane to me. What if the parents are in jail for possession, or some other goofy crime that God knows I’ve committed 8,000 times myself (in bygone years)? What if the extended family is perfectly fine but has been precluded due to some bureaucratic nonsense issue like lacking paperwork? We live in a large urban area and the foster system is known, according to them, for its diligence, but this still feels icky. Both our families are pro the adoption, and I’m the only one pointing out red flags. They think it’s because I’m not “fully committed” to the idea of adoption or having kids, but I can tell you I’ve been agonizing over this and can’t get past the lack of data we have on how the kids have come to this point. They are Latinx kids caught up in foster care and the carceral state. Am I overthinking this? Should we trust the agency’s process? What should I do?

— Stealing Someone’s Kids?


I think your concerns are very, very real and very thoughtful. But the thing is, they are about the system, not about this one adoption. Declining to move forward won’t free your kids from that system and all of its problems—it will (as far as I know; hopefully a reader will correct me if I’m off base here) simply lead to them being placed with another family that may or may not be as loving and sensitive as you are.

I think you should do it, and make it a priority to give the kids as much contact as possible with their family of origin, and as much reassurance as possible that they are not terrible people.
So no, you’re not overthinking it at all. You are thinking about it the perfect amount. And I have a feeling you’ll put the same amount of thought into all the future aspects of raising Latinx kids and the many complicated issues that come with being an adoptive parent.
jerusha: (caroline's legal advice)

Re: for once no one is the asshole!

[personal profile] jerusha 2021-08-27 02:15 am (UTC)(link)
It really depends on the laws of the state (I say as a lawyer). There are states that have laws that say if a kid has been in foster care X out of Y months, they automatically become adoption-eligible. There are also laws that say, if a family has X number of children living under a single roof, that family isn't eligible to foster kids. So, there is a scenario where the parents are in jail/prison for long enough, and the extended family has enough kids, where the laws just say that they aren't eligible to care for said kids.

Is it fucked up? Sure, it is. But the law is meant to reduce the number of children in foster care, promote stable families for those kids, and make sure that people aren't fostering "too many" children in order to get the money from fostering them.
cereta: Amy Pond in space (Amy Pond)

Re: for once no one is the asshole!

[personal profile] cereta 2021-08-27 03:24 pm (UTC)(link)
I get all of that. What puzzles me is "If an adoption isn't approved by the end of the 4 years, the kid returns to the bio family, either to the parents or to some other members of the extended family." Maybe I'm misreading, but it sounds like if someone doesn't take the kids permanently in a certain length of time, they go back to the bio family regardless of fitness. And I don't understand why, if the bio family was fit in the first place, the kids were still up for adoption, and what happens at the four year mark that didn't happen before then. I mean, I'm assuming they don't just say, "Well, we tried to find them a safe permanent home, but that didn't work out, so I guess these people can take them."
jerusha: (Default)

Re: for once no one is the asshole!

[personal profile] jerusha 2021-08-27 10:51 pm (UTC)(link)
I guess I'm not entirely clear on where you're getting the "if an adoption isn't approved by the end of four years" thing. It might be that my brain has been sucked dry by work today, and my reading comprehension is broken, so apologies if that's the case.

The thing is, the kids won't go back to bio family if bio family has been deemed unfit. The four year mark makes sense to me. In my state, I think the law says that once a kid is in foster care 15 out of 22 months, they're adoption-eligible. But that would mean, if the foster family isn't ready or able to adopt, a new foster family that is would be located. The state isn't going to send kids to an unsafe environment.
cereta: Me as drawn by my FIL (Default)

Re: for once no one is the asshole!

[personal profile] cereta 2021-08-27 11:55 pm (UTC)(link)
The four years was a quote from the comment I replied to. That's not what the commenter meant, but it read that way to me, which is why I asked.