Cps Has Asked Me To Take Custody Of A Child.

Location: Ohio, USA

I have been caring for a child (B, 15 y/o) for the last year and a half off and on in an unofficial capacity. I am "Uncle [Name]", but not actually related. I have power of attorney (full PoA, not just medical) for B.

Last Thursday, CPS contacted me and asked me if I could take temporary custody of B and if I would be interested in seeking permanent custody. The social worker has contacted me three times since asking if I've filed for permanent custody yet, assuring me that, if I do, the investigation "goes away". My CPS interview/home inspection for the emergency placement isn't til Monday. The social worker had no idea what paperwork I needed to seek custody. I contacted the juvenile/probate court to ask, they weren't sure, but suggested a guardianship ($400 filing fee). I contacted a retired social worker (currently working for B's school) and she told me to do nothing, and let CPS handle it. She suggested that CPS was trying to get me to file for custody (and eat the costs) because it would allow them to close the file without having to "do the work", and if I waited, the courts would remove B from the home and give me custody. My wife and I could manage the $400 filing fee (on top of the background checks that I'm sure are coming), but retaining an attorney is not something we can afford right now. I am trying to apply to Legal Aid of Western Ohio. I have tried asking AI (I know, I know, but navigating the legalese of all the *possibly* relevant forms has been a nightmare) and it keeps telling me that my case is "more difficult than most". I am not looking forward to 8am Monday morning and the social worker assigned to B's case asking me, once again, "Have you filed for permanent custody yet?". B wants me to have custody. Her parents say they want me to have custody. I want to do what's best for B.

How do I file for permanent custody?

Should I file for permanent custody, or let the courts sort it out?

If I do file for permanent custody, and CPS immediately closes the investigation, how do I prevent B's mom from immediately changing her mind on giving up custody?

Are there resources out there to help me, and B, navigate this?

I am afraid that if I file for permanent custody, CPS will drop their investigation, and B's mom will immediately change her mind about giving up B.

Additional Information

B's parents: Divorced, but living together. Mom has full custody. Dad still has parental rights (according to the school). Both suffer from severe mental illness. Dad accepts that his mental illness prevents him from taking care of his child. Mom has contacted me and offered to "sign over adoption, or whatever".

B's mom has another child in foster care (4m). She gave birth while in prison and has been alternating between giving saying she'll give him up and fighting his adoption his entire life.

B has family that would take her, but she has been fostered by family 4 times in the last 6 years that I know of. She faced abuse or neglect in those cases and doesn't want to go back.

Mom has never threatened me, but has threatened to B that she would lie to have me charged with kidnapping or lie about me to seek a restraining order.

The most important thing to me is that B does not go back to that house. The most important thing to B is that she gets to keep her relationship with me and my wife which she is concerned will be taken away from her if she goes into another foster placement. Her home is not safe. It was an uphill battle to get a CPS investigation started. (In the last year, her mother has moved into or allowed to stay in the home a convicted domestic abuser/cocaine dealer, a convicted rapist, a meth dealer, a rapist [attempted rape of Mom while B was present], a child rapist, and finally, her own father who is a domestic abuser with schizophrenia. The final straw that got CPS involved was refusing to allow B to be treated for her suicidal ideation.)

I live in County X, the parents live in and were divorced in County Y. B goes to school in X. She has been living with me in X most nights since June 1st. The school lists her residence as my house. CPS has been using this disagreement between the location of her legal custodian and her defacto custody to repeatedly pass the buck. County X wanted to open an investigation, but claimed they couldn't because her mom had custody in and lived in Y. County Y initially refused to even take an abuse complaint from B, without her mother present.

B is safe currently. Her mother is under a no contact order (according to Mom, the CPS agent just told me not to let her be alone with Mom.), This post has been read and approved by B before posting.