I need help re: willfull desertion or neglect of child law

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I have a serious question about "willful desertion or neglect".

I am the court appointed guardian (actually I am the "Psychological Parent (ors 109.119)) of a boy who has lived with me for three years. I am trying to adopt him.

Because I have limitedish resources I try to find out all I can before I talk to my attorney who charges a fortune (and deserves it).

What I'm trying to figure out right now is -- does willful desertion and neglect apply when a guardian has been appointed?

What are the responsiblities of a parent when guardianship has been awarded to a non-relative?

Please know that I understand that any advice and information you give me is no substitute for actually talking and paying my very own attorney. I'm really just trying to figure out what questions to ask him to expidite the adoption process.

I am in contact with the biological father's parents but we have not seen or heard from him in a year and a half. His own parents have not seen him for about a year.

I think this is the law that I need explained:

Quote:

109.324 Consent when parent has deserted or neglected child.
(1) If either parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption and such parent does not consent in writing to the adoption, there shall be served upon such parent a citation in accordance with ORS 109.330 to show cause why the adoption of the child should not be ordered. Upon hearing being had, if the court finds that such parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of such parent at the discretion of the court is not required and, if the court determines that such consent is not required, the court may proceed regardless of the objection of such parent.

(2) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may disregard incidental visitations, communications and contributions.

(3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.

(4) This section does not apply where consent is given in loco parentis under ORS 109.316 or 109.318. **[1957 c.710 §7 (109.312 to 109.329 enacted in lieu of 109.320); 2003 c.576 §147; 2003 c.579 §1]

http://www.leg.state.or.us/ors/109.html

Any thoughts appreciated!

I will be happy to answer any questions that might clarify the situation.

Thanks.

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boomer, Mo's bio father is not the problem. His parental
rights can be relinquished by court order very easily. What
you need is a consent von Mo's bio mother that she's
relinquishing her rights, giving you the green light to adoption.

Until she consents resp. until you can prove that bio mom is
unfit as a parent, you'll remain guardian.

Have you spoken to bio mom? Is she willing for the sake of Mo
to relinquish her parental rights?

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Quote:

If neither parent and no relatives make a claim on the child within the course of at least 18 months after placement into a foster home, the court may opt to terminate the birthparents' parental rights so the child may be adopted by other parents.

http://encyclopedia.adoption.com/entry/abandonment/2/1.html

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Thank you CJane. It's nice to hear from someone who has been there.

She is willing to relinquish her rights IF, AND ONLY IF, we have had his terminated.

It seems that the courts will not terminate his unless someone is standing ready to adopt (we are) but mOther's have to be terminated at the same time.

So everything needs to happen all at once.

I guess.

It is very confusing.

I was thinking about the whole home study thing today....

Should we go ahead and set that up before we start all of the other stuff?

Also, where things get confusing from the guardian standpoint...

from your link...

Quote:

The desertion of a child by a parent or adult caretaker with no provisions for reasonable child care or apparent intention to return

Couldn't/wouldn't the fact that they left him here be considered reasonable provisions?

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Wow! That site has gobs of information. Thank you for that!!

I've spent the last week picking through things. Everything is so scattered about. So many of the adoption sites are "fee" places or they only offer enough info to get you to contact the sponsors.

I've bookmarked that site.

Thanks again!

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Yes, that's a great site and very informative.

I would start the homestudy process now, boomer. You're
assigned a social worker and he/she will be very helpful
in guiding you to speed up the adoption process.

Most potential adoptive parents will go through the process
prior to having any prospects of an adoptive child. So you
are actually one step ahead of many other parents who
wish to adopt.

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I should add that my paranoia about this is fueled by the fact that after Mo had been here for about 6 months I started contacting all of the state agencies thinking someone should know that he is here.

All they had to say was "Oh. It sounds like they made sure he was in a safe place. There isn't anything we can do. Blah blah blah."

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boomerang wrote:

Also, where things get confusing from the guardian standpoint...

from your link...

Quote:
The desertion of a child by a parent or adult caretaker with no provisions for reasonable child care or apparent intention to return

Couldn't/wouldn't the fact that they left him here be considered reasonable provisions?

Yes, it does, however, read along

Quote:

If the deserting parent does not return or contact the child or does not provide any support for an extended period, the state ultimately may seek to terminate parental rights and place the child with an adoptive family. A social worker must prove to the court of appropriate jurisdiction that abandonment has occurred.

That's why you need a social worker who is knowledgable (most of them are) and is helping you with the process of terminating the fathers rights and at the same time accept the relinquishment of bio mom.

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boomerang wrote:

I should add that my paranoia about this is fueled by the fact that after Mo had been here for about 6 months I started contacting all of the state agencies thinking someone should know that he is here.

All they had to say was "Oh. It sounds like they made sure he was in a safe place. There isn't anything we can do. Blah blah blah."

Don't get discouraged boomer. The minute you apply for adoption,
you're assigned a social worker who will help you. Trust me, potential
adoptive parents are mostly wooed by them.

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There seems to be a lot of people you can contact to do the home study.

Do you think the state is the best avenue?

I think one of the things that gets me so confused is that every site talks about finding a child for you to adopt.

As you've noted, we are ahead of the curve on that aspect of it.

Do I just contact the DHS and get the wheels rolling, or what?

Thanks again, CJane, for sharing your smarts. Kisses to you. If I have any money left over I'll buy you a ticket to the adoption festivities!

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You're so sweet boomer. Believe me, all I want is for you
to have the security that Mo cannot be taken from you - ever! I've been there and I know what a horrible feeling
that is until the final papers are signed.

You know boomer, one reason why I took the state route
was that they would make sure, all documents and paperwork
was provided and no judgement would be granted without
having all documents signed by all parties. I just didn't
trust private agencies enough, I guess.

Yes, I would contact Social Services in your city and start
the process.

Here I found some info on the Oregon legislature

Quote:

109.324 Consent when parent has deserted or neglected child. (1) If either parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption and such parent does not consent in writing to the adoption, there shall be served upon such parent a citation in accordance with ORS 109.330 to show cause why the adoption of the child should not be ordered. Upon hearing being had, if the court finds that such parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of such parent at the discretion of the court is not required and, if the court determines that such consent is not required, the court may proceed regardless of the objection of such parent.
(2) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may disregard incidental visitations, communications and contributions.
(3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.

http://www.leg.state.or.us/ors/109.html

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boomerang wrote:

There seems to be a lot of people you can contact to do the home study.

Do you think the state is the best avenue?

This is just my opinion but in answer to your question here I'd chime in wih a resounding "HELL NO!".

Home Studies can be done by any state licensed social worker and, IMO, social workers employed by the states are those LEAST likely to have an open mind when it comes to stepping outside of the published guides (which almost always say that reunification of the biological family is the preferred route).

The opinions of any social worker licensed by the state should hold equeal weight when the study is presented to the court. Find an independent social worker and pay the fee (it usually isn't all that much!).

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Ha! CJane - that is the same law I posted right at first needing help interpreting!

I still don't get exactly how it works in a guardianship situation -- what the responsibilities of the parents are towards the child.

Interesting, fishin'.

How does a person go about finding/hiring a licensed social worker who is not working for the state?

Yesterday I found all of the paperwork that is required to be filed along with the petition to adopt. I think I'll start working on both sides of his family to fill out the extensive health history packet.

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fishin'
since I have adopted through social services (state),
my experience is quite different than yours.

Could you elaborate on your experience with state social workers? I think for boomer's sake it is important to know,
if your opinion is hear say or from own experience.

Besides, every state and every city has different workers
with different attitudes. Boomer, here are some sites about Oregon
adoptions and resources for you to get some imput from families
who have adopted. In talking/exchanging experiences with families
in your town, would give you a more accurate info, I think.

Oregon Adoptions

ORPARC

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By the way, dyslexia was with state child protection,
a private message to him, might be also helpful, boomer.

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I suppose there are a lot of different ways to go about it.

I do remember that our attorney suggested keeping social services out of it.

I'll see if I can get Dys over for an insider's insight. The differences vary so much from state to state, from what I understand though. Surely there are federal guidelines though.

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Nothing useful to add, but wanted to say how exciting it is to see this actually in process. So looking forward to seeing you be able to exhale...

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Thank you, soz!

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CalamityJane wrote:

fishin'
since I have adopted through social services (state),
my experience is quite different than yours.

Could you elaborate on your experience with state social workers? I think for boomer's sake it is important to know,
if your opinion is hear say or from own experience.

My experience is from interning with state social services agencies as well as private and then dealing with both later on a professional level.

Quote:

Besides, every state and every city has different workers
with different attitudes.

Very true. In my own experience though, state employees are much more likely to "stick with the book" and repeat the mantra that the restored biological family unit is the preferred solution to child placement questions. They don't all do it but the likelyhood is much higher.

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boomerang wrote:

Interesting, fishin'.

How does a person go about finding/hiring a licensed social worker who is not working for the state?

Any adoption lawyer should be able to give you a list of social workers in your area. You could also go to a WWW site like the National Association of Social Workers and ask for a referral. (The NASW should have an OR chapter too.)

If you've been in contact with state agencies they should be able to refer you as well. If you were in FL I'd give you my mother's contact info and get her to do it for you. Wink

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I need help re: willfull desertion or neglect of child law

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