My question involves child abuse or neglect in the State of: SD
I have posted on my situation before so this is an additional informational update--I searched for my previous post, but couldn't find it.
My 9 year old granddaughter has been placed with a family friend/daycare lady through CPS of SD because of allegations of abuse on another child in the home. I would like to file for custody/guardianship of her because I currently have temporary custody of her half sister (age 4) due to their mother's (my daughter) long term drug abuse.
I have been in contact with the CPS worker and currently have my granddaughter for a 3 week long visit--I passed the required background/criminal checks. CPS is reluctant to separate the sibling group but one is a step-sister (allegations of abuse/neglect on this child who's 3) and 10 month old twins that are half-siblings. The worker couldn't give me details but the father and step-mother are facing criminal charges of abuse and DV--if they take a plea bargain, they both will go to jail for 1 year. If the case goes to trial, it could be more jail time.
The person who is caring for the children agreed to take the kids on a temporary basis but it is stretching out longer than anticipated and she has 2 kids of her own. She says she is not receiving any financial help for the kids and seems to be overwhelmed. How do I file for custody/guardianship against CPS? What happens if the current caregiver relinquishes the children--would I be 'next' in line? They were initially placed with her because Dad named her as a guardian. I have made the CPS worker aware that I would take custody of my grandchild but he said I would need to take all 4 or none of them. I cannot financially take all 4, even if I were to become licensed as a foster parent. Is there case law that says children should be placed with relatives before foster care?