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Monroe County Family Court Judge, Joan Kohout, has ruled that the daughter of a mentally retarded (the court's words not mine) mother belongs with the paternal grandmother as opposed to continuing in foster care.
The child has been in foster care since her birth two years ago, and lives in a home with a total of 13 people. Monroe County Department of Human Services opposed the grandmother's petition for custody because they claimed that the grandmother did not have the financial ability to take care of the child, or the physical ability because she had been in a work related accident.
The court, however, ruled that foster care was never meant to be a permanent solution and that the grandmother, in spite of her accident, was still able to do housework and look after her granddaughter. The grandmother is expected to receive disability payments, and Judge Kohout also stated that she would be eligible to receive financial assistance from the county. Judge Kohout stated "even if Sierra had access to greater financial benefits while in foster care than in her grandmother's home, that would not be a reason for her to remain in DHS placement."
The child has not been with her parents since birth due to her mother's severe mental disability. The father approves of his mother's petition to take custody of the child. Furthermore, the judge's ruling provides extensive visitation rights for both biological parents.
Considering that DHS had not been able to provide a permanent home for the child, that the biological parents were unable to care for the child, and that the foster home was not the best place for the child, Judge Kohout ruled that placing the child with her paternal grandmother would be in the child's best interests.
Judge Kohout stated that "the best interests of the child" standard applies to the Department of Human Services custodial rights in the same way it does parents and that it was not in the best interests of the child to remain in the department's custody any longer.
Comments
Thank you for this link. There is some very useful language in this decision.
Federal law provides ( 2008)
"Fostering Connections to Success & Increasing Adoptions= FAMILY FIRST.
13 folks residing in what size home?
How many children / bedroom?
A victory for families everywhere.
judge kohout took a child from the only loving, stable home he has ever known and placed him homless with his criminal mother who left his life 9 yars ago. Thats justice and in the best interest of the child? Its repulsive and the judge will not get my vote!!!!!
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