Relative Placement in San Bernardino CPS

What is a Relative Placement in San Bernardino CPS in California?

A Relative Placement in San Bernardino CPS and/or a Relative Placement Motion is a legal request filed in a California Child Protective Services (CPS) case to have a child placed with a relative or close family member instead of remaining in foster care. Under California law, CPS is required to consider placing children with their relatives when the child is removed from their biological parents’ custody. The Relative Placement Motion allows relatives, such as grandparents, aunts, uncles, or other family members, to formally request the child’s placement with them.

This motion is crucial for placing children in familiar, supportive environments whenever possible, helping to minimize trauma and promote stability during the ongoing dependency case.

Who Can File a Relative Placement in San Bernardino CPS

A Relative Placement in San Bernardino CPS and/or Relative Placement Motion can be filed by any relative or close family member who wishes to provide care for the child. Individuals who may file this motion include:

• Grandparents
• Aunts and Uncles
• Adult Siblings
• Other Extended Family Members: This includes adult cousins, family friends, or other individuals with a strong familial or emotional relationship to the child.

It is important to note that the relative must show a willingness and ability to care for the child in a safe and stable environment.

When Can a Relative Placement in San Bernardino CPS Be Filed?

A Relative Placement Motion can be filed at various stages of a CPS case, including:

1. At the Outset of the Case: When a child is first removed from their parents’ custody, relatives can file a motion to request that the child be placed with them. This motion must be filed as soon as possible after the child’s removal.
2. During the Initial Placement Hearing: After the child is removed from the home, the court may hold a hearing to determine where the child will be placed. Relatives can file a motion during this phase to request custody of the child.
3. After the Initial Placement: If the child is placed in foster care and the relative believes they can provide a better home, they can file a motion to have the child moved to their care.
4. During the Dependency Process: Even after the case progresses, relatives may file for placement at any time during the proceedings, especially if there has been a significant change in the relative’s circumstances (e.g., they now have space or resources to care for the child).
5. At the 6-Month or 12-Month Review Hearing: Relatives may also file a motion during the review hearings to request the child’s placement with them, especially if the child has been in foster care for an extended period.

Purpose of Relative Placement

A Relative Placement Motion keeps children connected with their family and ensures their placement in a familiar, stable, and supportive environment.California law gives priority to relatives when placing children removed from their parents’ care. Here are key reasons for requesting relative placement:

1. Preserving Family Bonds: Placing a child with a relative helps maintain the child’s emotional ties and connection to their family. It reduces trauma and provides the child with a sense of stability during an otherwise stressful time.
2. Minimizing Disruption: When children are placed with family members, it minimizes disruption to their lives, including their education, social networks, and community connections.
3. Promoting Better Outcomes: Studies show that children placed with relatives tend to have better outcomes in terms of emotional well-being, stability, and a sense of identity.
4. Fulfilling CPS Requirements: CPS is required by law to prioritize relative placement before placing a child in non-relative foster care. By filing a Relative Placement Motion, relatives can ensure that the child’s best interests are met.

Legal Burden for a Relative Placement Motion

To succeed in a Relative Placement Motion, the relative must show that they are a suitable caregiver for the child. The legal burden includes proving:

1. Willingness and Ability to Care for the Child: The relative must demonstrate they have the capacity to care for the child in a stable, safe, and nurturing environment. This includes showing that they can meet the child’s physical, emotional, and developmental needs.
2. Sufficient Resources: The relative must provide evidence that they have adequate resources, including a stable home, financial stability, and the necessary emotional support to care for the child.
3. Background Check and Home Study: The relative must pass background checks, including a criminal history check, child abuse history check, and a home study conducted by a CPS social worker. The study evaluates the relative’s home environment and their ability to care for the child.
4. Best Interests of the Child: The relative must show that placing the child with them is in the best interests of the child. This may include evidence of the existing family bond, the relative’s ability to support the child’s emotional and psychological needs, and their readiness to participate in any court-ordered services.

How Shaw 3 Law Firm Can Help with a Relative Placement Motion

At Shaw 3 Law Firm, we understand how important it is for relatives to have the opportunity to care for their family members in CPS cases. Our experienced attorneys can help you navigate the process of filing a Relative Placement Motion and provide the legal support needed to present the best case for the child’s placement. Here’s how we can assist:

1. Filing the Motion: We can help you prepare and file a Relative Placement Motion with the court, ensuring all necessary documentation and evidence are submitted, including background checks and a home study.
2. Preparing Evidence: We will assist you in gathering all the necessary evidence to prove that you are a suitable caregiver, including references, financial documents, and proof of your relationship with the child.
3. Representing You in Court: Our attorneys will represent you at court hearings, advocating for your request to have the child placed with you. We will work to demonstrate that your home is a safe and stable environment for the child and that it is in the child’s best interest to be placed with you.
4. Navigating CPS Requirements: We will guide you through the CPS process, ensuring that you meet all requirements for placement, including completing the home study and background checks. We will help you understand the specific rules and regulations governing relative placements.
5. Protecting the Child’s Best Interests: At Shaw 3 Law Firm, we focus on what is best for the child. We will work to ensure that the child’s emotional, psychological, and physical well-being is prioritized in the court’s decision-making process.
6. Fighting for Your Rights: If there are objections from CPS or biological parents to the relative placement, we will fight to protect your rights and ensure the child is placed in a safe, supportive, and loving family environment.

Contact Shaw 3 Law Firm for Help with Your Relative Placement Motion

If you are a relative or family member seeking placement of a child in a CPS case, don’t navigate this process alone. Shaw 3 Law Firm can help you file a Relative Placement Motion and guide you through the legal requirements and court process.

Contact us today to schedule a consultation and learn how we can support your efforts to secure the best possible placement for the child in your care.

Shaw 3 Law Firm also handles cases in Riverside County, Los Angeles County and Orange County. Our attorneys are here to provide the legal guidance you need to protect your family.