[msdodgerider]

I live in the state of Illinois. A year ago, my brother passed. My niece who was 15 at the time was living with her mother in the state of Michigan and was in and out of Juvenile Detention. DHS in Michigan took both her and her 14 year old brother away from their mother and placed both children with my mother (their grandmother) due to her failing a drug test and being an alcoholic. While my nephew is still residing with his grandmother, my niece and my mother were unable to get along. I sought guardianship and was granted guardianship in the state of Illinois. Now after a year, my niece suddenly says she misses her mother and wants to return home. This is not in her best interest as her mother has not done anything to clean her life up. Does DHS in Michigan still have a say in whether she can return to her mothers home? Which laws do we go by, Michigan or Illinois. Any help would be appreciated. Thank you:confused: :confused:

[Choux]

Now, let me get this straight... you filed in Illinois Courts to be designated "guardian" of this minor child. OK, you have legal guardianship.

Then, did you file for social security for the child based on the incapacity of the father or mother? Do you receive social security for the support of this child?

Did you file for any Welfare for this child? Food Stamps, Medicaid, financial assistance?

OK, **the child is your legal responsibility, you are getting money from the state to support the child. She cannot go back to her mother legally without court order.**

Since your brother died, there are survivor benefits from social security available for the child if she wasn't receiving benefits under his name already for disability.


Good luck in 2008,

[N0help4u]

I would think the state that determined where she should be placed.
BUT I can't see either state granting her to go back home since the mother hasn't done anything to change. Also the court most likely would take into consideration that kids change their minds and do not always know what they want. The court would not go by what she wants anyway. They can listen to what she wants and take it into consideration but in the long run they are going to go by what the mother has done or not done in the meantime.

[msdodgerider]

The only support we have received is $174.00 per month survivors benefits. She is covered under our insurance so we are not receiving any state assistance. We are actually entitled to child support, but we would never see it anyway.

[Izannah]

Odd... but after reading the question again, I think the bigger problem is that she wants to go be with her mother.

Has her mother shown any interest in getting her back? Since this is a guardianship, mom's parental rights are still in tact and if she does want her back, she could seek for that to happen. If you contact your local DHS and advise them of the issue. They may be willing to work with Michigan DHS (or refer you there) on an Interstate Compact Agreement. Basically, they would monitor mom and "make" her get back on the straight and narrow before she could take custody. This could also result in big rift in the family, so be prepared. I haven't run into anyone dissolving a guardianship, but I'm assuming it would have to go back before the court that issued it. Makes sense, huh? I think most guardianships tend to run it's course until the child reaches the age of majority, but I'm just making presumptions. You may want to read over your court papers from the guardianship or consult any legal counsel you had at the time.

If mom doesn't show any signs of wanting her daughter back, why is your niece suddenly so interested in going back or has this been an ongoing issue? Maybe the issue is closer to home and she just has something going on that she's having problems dealing with. What is her reason for wanting to go? (Not that a child missing his/her parent isn't reason enough... however, we must consider the child's best interest... not what the child is best interested in!)

[msdodgerider]

I have no problem with her going back to her mother. My concern is for her well being. She has been with us for almost a year and in that time her mother has never called or wrote to see how she was doing. Now all of a sudden she called and now my niece misses her. Again, I don't have a problem with her going back if that is what is best for her. My gut instinct says it is not! The mother was supposed to have attended AA, Counseling, random drug tests, she lives above a bar (which is not the best place for a 16 year old girl). She does not hold a job. I have invested a lot in trying to help my niece make a better life. She came to me as a 16 year old with a 4th grade education, failing all of her classes, getting into all kind of trouble, from smoking "weed" to stealing and domestic violence. Since she has been hear she has not gotten into any trouble, has been getting tutoring (which cost us almost 7500.00), and is now passing all of her classes. I just really hate to see her go back to that lifestyle. She has worked so hard to get to where she is now. The other thing were looking at is she may be 16 years old but with the maturity level of a 13 or 14 year old. I just want what's best for her.

[Choux]

Ms,

You never answered my question about whether you went to court and got legal guardianship of the child!

If you did, you have to get a backbone and do what is right for the child. :)

[asking]

I have no problem with her going back to her mother. My concern is for her well being. She has been with us for almost a year and in that time her mother has never called or wrote to see how she was doing. Now all of a sudden she called and now my niece misses her.

It is perfectly normal for a 16 year old to miss her mother, no matter how bad a mother she may be. And it's understandable for a phone call to trigger feelings of intense longing. I think you should tell your niece that she is better off with you but work with her to find ways that she can have more contact with her mother--more phone calls, occasional visits, letters. It doesn't need to be all or nothing. In my opinion, the other questions about what's legal, financial support, etc, while interesting, are not central here. (It's even possible that contact with the mother will cheer up the mother enough to motivate her to clean up, although I wouldn't count on that.)

[N0help4u]

Since this is a guardianship, mom's parental rights are still in tact and if she does want her back, she could seek for that to happen. If you contact your local DHS and advise them of the issue. They may be willing to work with Michigan DHS (or refer you there) on an Interstate Compact Agreement. Basically, they would monitor mom and "make" her get back on the straight and narrow before she could take custody. This could also result in big rift in the family, so be prepared. I haven't run into anyone dissolving a guardianship, but I'm assuming it would have to go back before the court that issued it. Makes sense, huh? I think most guardianships tend to run it's course until the child reaches the age of majority, but I'm just making presumptions. You may want to read over your court papers from the guardianship or consult any legal counsel you had at the time.

DHS in Michigan took both her and her 14 year old brother away from their mother and placed both children with my mother (their grandmother) due to her failing a drug test and being an alcoholic.
DHS taking her away makes it DHS the only way to go back. IF DHS takes a child away nobody has a legal right to change that unless they go back through DHS court.
They most often say the mother had plenty of time to change and has done nothing therefore it is not in the child's best interest. They must have already told mom she had xx amount of time to comply and she hasn't even attempted.
DHS likes proactive they will not make mom do anything. At least I have never seen anybody legally allowed to return to a parent that DHS has removed short of complying within their set time frames.

[msdodgerider]

Choux, yes I did go to court and was granted full legal guardianship!

[N0help4u]

You have guardianship
Mom has no desire to change lifestyle
Daughter can wish all she wants but legally nothing she can do!