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My deepest sympathies for what your family is enduring! I can relate to it in so many ways for indeed I too had a preemie baby who went into distress only to be sent home from the E.R in the middle of the night. When her pediatricians office opened at 8am, I was waiting on the porch. They could immediately tell that my baby was in respiratory distress despite the fact that just a few hours earlier the E.R doctor not only couldn't see it but dismissed my pleas each time I would say "look! look, she's turning blue again!" (just like in your case the ER 'doctor' neglected to do even the most basic of 'preemie' type care such as a pulse ox to measure O2 for indeed they didn't have a finger wrap that was small enough for a preemie baby!) Our pediatrician ordered our baby directly back into the neonatal unit, bypassing the useless ER, they immediately drew a blood gas and she was put on a ventilator the second the results arrived (about 10-15 min. later).

Learning about your story makes me realize that we were lucky that CPS wasn't sent in to make us the guilty party to deflect off of the rightful one, the E.R. Many months later, after becoming a low income single mother, we continually faced the scrutiny of CPS because by their own admission they thought that a low income mother was more likely to abuse or neglect her children so.... strike one is being low income. Even if there isn't abuse or negligence 'low income' fits a stereo type, along with being a 'young mother' and god forbid 'single' to boot! THREE STRIKES! TRIPLE THE CHANCE TO ABUSE /sarcasm

Another way I can relate to your story is as an 'insider' of sorts. My family now offers certified foster care for children in our state, which means we had to go through tens of hours of state training. There were multiple parts of your story where I found myself thinking "wait a minute! that's not what we learned in training concerning how the system works!" because for one thing PARENTAL UNIFICATION is supposed to be the number one priority unless doing so would be of danger to the child. Heck, I just recently read a news story about a case where a child had been returned to the mother, over apparently justified CPS protest, because the judge said that (as the law was structured) his priority was the right of the parent. http://www.belleville.com/mld/belleville/news/local/17046831.htm

While I am not familiar with the laws of the state that control this issue, the laws must conform to controlling federal regulations. It just doesn't feel like that is happening in your families case.

For example, federal law mandates that the state must make reasonable efforts to:

a)maintain the family unit and prevent the unnecessary removal of a child from his or her home, as long as the child's safety is assured;

b)effect the safe reunification of the child and family (if temporary out-of-home placement is necessary to ensure the immediate safety of the child); and

c)make and finalize alternate permanency plans in a timely manner when reunification is not appropriate or possible. 45 C.F.R. §1356.21(b).

Also please note: Reasonable Efforts to Prevent Removal. When a child is removed from his or her home, a judicial determination as to whether reasonable efforts were made, or were not required, to prevent removal must be made no later than 60 days from the date the child is removed from his home. If this determination is not made, the child is not eligible for Title IV-E foster care payments for the duration of that stay in foster care. 45 C.F.R. §1356.21(b)(1). (what 'reasonable efforts' were made to keep your grand baby in her home??)

http://jec.unm.edu/resources/benchbooks/child_law/ch_38.htm link to the information posted above, plus much much more.

Here in my state a child that is taken into foster care can't just be turned over to a relative for care. EVERYONE providing care for a 'foster kid' has to be screened (and trained) by the state, even aunts, uncles and grandparents. I would encourage your wife to start investigating 'the process' to find out what it will take for her to be 'qualified' to be the foster care provider during the time the state keeps your daughter from having custody. I know it seems offensive that your wife would have to be fingerprinted, have an FBI check run, her house scrutinized (every room!) plus go through hours upon hours of lectures and 'training' before she would be considered 'qualified' by the state. In many cases relatives are able to get 'emergency certification' while they work through the process which could mean that the baby would be in your wife's care and control (well, no actually 'the state' would still have legal control) during the many weeks it takes to complete all the requirements.

Besides the fact that this may be a way to find a work around to get your grand daughter back with at least part of the family, I think it is important that you also be made aware of the fact that there are also federal requirements that IF your granddaughter is in foster care for 15 out of something like 22 months, they WILL try to terminate your daughters parental rights. Usually the family who has been providing foster care is given first option at adoption. Please please keep that time frame in mind, you can learn more about that part of the process at the link above.

It will be my frequent prayer that your family does not have to endure this heart break and undue burden but for a very short period of time.

God Bless!
I.D.E.A