My younger sister has a 2 1/2 year old son. She doesn't have a place to live. She doesn't feed him properly (he basically is on a milk diet with VERY little solid food). He has had a terrible cough for the last several months and she has not taken him to the doctor since he was 3 months old. She and her boyfriend smoke pot on a daily basis. They have been "couch hopping" since the baby was a few month old. She stays up very late and doesn't get up with her baby, leaving him to wander around unsupervised for hours while she sleeps in. He is developmentally going backwards. He was beginning to talk some before his second birthday, and now non verbal except for babbleing. I am VERY concerned about his well being, but I don't know what to do. I am afraid that if I involve Child Services that my nephew will end up in foster care, when I am more than willing to take him. I think that he deserves a chance in life, and staying with his parents will not give him that chance, but I'm not sure what exactly constitutes being "unfit".

Any Advise??

You are so right!
The definition of an unfit parent is governed by state laws, which vary by state. A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child.


19-3-102. Neglected or dependent child.
(1) A child is neglected or dependent if:
(a) A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;
(b) The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;
(c) The child's environment is injurious to his or her welfare;
(d) A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being;

Public policy of state is to provide for neglected and dependent child in a manner that will best serve his or her welfare and the interests of society. In re People in Interest of M.M., 184 Colo. 298, 520 P.2d 128 (1974).

In order to declare child neglected or dependent as a preliminary to separating him or her from his or her parents or custodians, the evidence must clearly establish its necessity, and state intervention should be limited to instances of neglect and dependency as defined in the Colorado Children's Code. People in Interest of T.H., 197 Colo. 247, 593 P.2d 346 (1979).

If you cannot agree with the parents you will have to ask the court to examine their fitness.

Have in mind that there is no kinship care presumption in Colorado. If the child's parents are found unfit/i.e. neglected the child/, the state can place the child for adoption or to place him in foster care.
I do not know all facts there but it is the way the system works.