Family Services Won't Relinquish Child Despite Court Order

My question involves a child custody case from the State of: CA
DCFS refused to give up the baby half sibling of my son. They state that their counsel says the order after hearing is not the judges decision in the case but the minute order is. The order after hearing clearly state that the petitiin to place the baby with her birth brother instead of fostercare is clear. The paper states approved and granted. DCFS is saying that it was a mistake because the minute order from the court reflects otherwise. Do I have legal standing? The foster family wants to adopt the baby but how can DCFS do this when her I and her brother are objecting. What paper do I file? I thought DCFS looks out for best interest in keeping siblings together?

All you have told us is that the child in protective custody is the half-sibling of your own child. We have no way of knowing your level of participation in the case or whether you have standing to seek enforcement of the order, and we don't even know how long ago the order was entered. Whatever your position is, if the child's parents want the child placed with you, either parent can ask their lawyer to petition the court to enforce the order. If you wish to be considered as an adoptive family but are not being considered by DCFS, I suggest retaining a lawyer to advise and assist you.

The state does do what is in the best interest of the child. But that doesn't mean that the state agrees the child is better of with you or your son. You have said nothing about the relationship before the child was taken into custody. Did Dad have visitation and did he excercise it ? Did he pay child support ?

Thank you for your comments. The baby is in foster care. The Dad is dead, the Mom is out of the picture. DCFS called me when the child was born last summer. I ask for more time to accomodate the child. The DCFS said they would temporarily place the baby in fostercare. I adopted her sibling two years ago. When the foster family decided they wanted to adopt the baby too. DCFS started to create a bias. I filed the 388 and the judge ordered DCFS evaluate my home for AFSA and approved abd granted my 388 in the order after hearing. It seems unconstitution for DCSF to refyse stating it was a mistake because the minute order interprets something else...

You need a Good Attorney, if you don't already have one. I apologie if my replies earlier were rude. Based on what you've said here is it clear that you care for the child. Often people who post here about children are more interested in getting back at someone and they really don't care about the needs of the child. That is clearly not the case in your situation.

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Quoting Mercy&Grace

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The state does do what is in the best interest of the child. But that doesn't mean that the state agrees the child is better of with you or your son. You have said nothing about the relationship before the child was taken into custody. Did Dad have visitation and did he excercise it ? Did he pay child support ?

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None of what you said has anything to do with the question what was asked, so now for the answer to the question:

If what they're saying is that the minute order doesn't conform to the order after hearing, DCFS better keep the child until they figure out which document is correct, then one of the parties to the action can draft a motion to have the order corrected nunc pro tunc.