How Can a Grandparent Seek Custody of Children Removed by DHS?

Question from Felisha, How Can a Grandparent Seek Custody of Children Removed by DHS?

Answer from AI:

Because the hearing is Tuesday, October 6, 2026, act today if possible. The exact process depends on your state, but you can still ask to be considered as a kinship placement and to participate in the case.

Before the hearing

Contact the DHS/child-welfare caseworker immediately. State clearly, preferably in writing:

• You are the children’s grandmother.
• You want to be assessed for placement.
• You are willing to complete fingerprinting, background checks, a home inspection, drug screening, and foster-care licensing or approval.
• You want information about visitation and the children’s current placement.
• You request that your request be documented in the case record.

Ask for the supervisor’s name if the caseworker does not respond. Also contact the court clerk or juvenile-court self-help office and ask how a relative may file a request to be heard, a motion for placement, or a petition for temporary custody. The name of the document varies by state.

Federal child-welfare law generally requires states to consider giving preference to suitable adult relatives over non-relative caregivers and to identify and notify adult grandparents about placement options. See 42 U.S.C. § 671(a)(19) and (29). This does not guarantee that the children will be placed with you; safety, licensing requirements, and the court’s best-interest findings control.

Important concern: your son lives in the home

DHS may have declined placement because your son lives there, particularly if he is actively using drugs, has access to the children, or DHS believes you cannot protect the children from him. Be prepared to explain honestly:

• Whether your son uses drugs in the home or around the children.
• Whether he has access to weapons, drugs, or unsafe people.
• Whether you can require him to leave.
• Whether you can prevent unsupervised contact with the children.
• What concrete safety plan you propose.

Do not promise a plan you cannot enforce. If appropriate and lawful, a safer proposal might involve your son moving out, no unsupervised contact, substance-abuse treatment, and compliance with court or agency conditions. Do not hide his presence or minimize drug use; inaccurate statements could hurt your credibility.

At the hearing

Attend even if DHS has not approved you. Bring identification, proof of your relationship, information about the home, and names of supportive people. Tell the judge respectfully that you request:

1. Formal consideration as a relative placement;
2. A home study and background checks;
3. Notice of future hearings;
4. Appropriate visitation while placement is evaluated; and
5. An explanation of any specific safety reason for denying placement.

Under federal law, relatives providing care generally must receive notice and an opportunity to be heard in proceedings concerning the child, although that does not automatically make them a party. (law.cornell.edu)

Get legal help urgently

Ask the court about appointed counsel or a local legal-aid lawyer who handles dependency, kinship-care, or juvenile cases. Your son’s lawyer may not represent you, because your interests can differ. Bring every written communication from DHS and avoid discussing the case publicly or on social media. A licensed attorney in your state can advise whether you should seek intervention, guardianship, or a relative-placement order.