pregnant female in foster care wants to give temporary custody of child to relative in another state?

Question

I do not need to be told rudely to go seek legal advice,obviously for a situation like this,that is inevitable.Input is appreciated:BEFORE I CONSULT WITH LAWYERS, SOCIAL WORKERS & LEGAL AID. I just wanted to know if anyone happened to have any information about this complicated situation:

R.E. is a 16 year old girl in foster care, living between group homes and foster families. She resides in New York City. R.E. is pregnant and will be giving birth to her newborn son in December/January. J.R. is 23 year old, living in Virginia. R.E. wants to give J.R. temporary custody of the newborn child. What is the procedure to do this? R.E is 16 years old (a minor), she is in foster care, she lives in a completely different state.

If temporary custody is not the best alternative, then what should be done so that J.R. is able to bring the baby to doctors appointments, get WIC, etc.

(We are trying to avoid any permanent legal adoption&putting the infant in foster care is NOT an option.)

Answer 1

In some states when a child is born to a ward of the state (as RE is) any child born to her is automatically a ward of the state. While some states will work to keep the mother and child together others will not. I think a permanent adoption makes more sense. Nothing keeps her from being a part of the child's life. This would better serve the interests of the child (both of them)

Answer 2

i'm a former foster mom in canada, so am a bit unfamiliar with specific laws concerning states. however, i do know about children and how they connect with caregivers. from the baby's point of view, just a year is a lifetime and the bond that forms between them and the primary caregiver is crucial for the rest of their lives. research says that the first 3 years establish the major part of emotional health - and i've seen it in action. this is the time when a human being establishes what he/she believes about security and love. the longer a child is secure in one environment and has a consistant caregiver, the better chance that child has in life. my advice is this: don't mess with the emotional well being of that new baby or he will pay for it for the rest of his life.
for a 16 year old, this situation is bigger than probably anything she has ever had to deal with and she undoubtably feels overwhelmed. but she needs to understand that the most loving, caring gift she can give to her baby is to let him learn love and security in a stable home. i am not suggesting foster care, nor am i suggesting that she give him to a couple she doesn't know - quite the opposite. if she can find someone she believes would make a good parent and that she could still stay in contact with, that would be the best solution. there are many ways to stay in contact and remain an active part of her new son's life while she gets things straightened out for herself.
as for the 23 year old - get some documents drawn up. here in canada, you are not permitted to make official decisions (medical or otherwise) without legal guardianship. and here, the only way to have temporary guardianship is through foster care or legal adoption. i'm quite sure individuals can not have those rights. also, having a new baby can cost a lot of money. if you have legal custody, you have access to the child tax benefit (in canada, anyway).
we have a program here called kin foster care. it's where a sister, cousin, aunt/uncle, etc to the baby can care for him/her, keeping the child in the family and be connected with the resources of foster care. it's like, they are foster parents, but only for that particular child - and the child is in care, but only at that person's house. maybe there's something like that where you all live?
the most important person in this equation is that new baby. do what is best for him - no matter how difficult. hope it works out for you.

Answer 3

Wow, that IS a difficult situation. Any 23 year old who wants to take on a baby must be a pretty special relative for sure! You are asking a complicated legal question that I can imagine only a lawyer could answer. Especially when it comes to a pregnant minor child in foster care. Alot of attorneys will give you a consultation for free.. perhaps even over the phone. Could you perhaps call a Charitable organization such as Catholic Charities and see if they could facilitate the transfer of the child?