Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I have a family member who adopted some children. She has one that she is really struggling with in terms of her disability. This family member has considered giving her back to DCS but in fear of the child never having a normal life she would like to give this child to another family member. This child is extremely attached to this family member. She wants to give her guardianship over the child. Getting to my question: can she give guardianship to her family member for a child she adopted and if she can could DCS step in and consider her as neglecting a child? Could they step in and take this child and or take her other adopted children?’
Question: This is a tricky and complex area, especially due to the interplay of both the adoption and the juvenile protection system. You or the family member really need to ask an attorney in the jurisdiction who is familiar both with adoption law *and* with juvenile protection law.
