Possible to Get Temporary Guardianship of Niece

[reddrum21]

My question involves guardianship in the State of: Potential guardian: Illinois Child: Indiana

My brother is currently incarcerated and CPS removed the child from her mother and placed her with her maternal grandmother due to the mother's ongoing drug abuse. Since then the mother's parental rights have been terminated but the grandmother still allows her visitation. I could be wrong but I don't think my brother was given a choice on the child's placement since he was incarcerated at the time. My question is: Since the mother's rights have been terminated, if my brother signs off on it, would I be allowed to take temporary guardianship of my niece? For whatever reason his rights were not terminated in case that makes a difference.

[Mr. Knowitall]

If the child is under the jurisdiction of the Illinois courts as the result of a protective services intervention, you need to work through protective services and the child's case worker. Your being out-of-state may (but won't always) raise difficulties in trying to get a placement across state lines of a child who is the subject of protective proceedings.