What agency is above DCFS they wont give me custody of my only grandchild, mother (my only child) is in jail.

My daughter has been arrested for homicide. DCFS took my grandchild and now refuse to place her with me. My daughter lived in the "mother-n-laws" house behind our home. She is charged with the beating death of a 3 year old. This occured in the house she resided in. DCFS says these two houses are "same residence" even though she paid rent. They have accused me of neglect "lack of supervision" and abuse "threat of harm". My daughter had never harmed anyone in her life, how could I have known? My life is falling apart and I can't afford an attorney. My daughter is an adult and has to be held responsible for her own actions. My 7 mth old grandchild is all I have in this world. I'm scared I will loose her. I have until Oct 2006 at which point they can put her up for adoption. I've prayed and prayed but things just keep getting worse. My heart can't take much more. Is there anyone out there who will help me, I'm lost and alone. I once blindly believed in our justice system. Please!!!

You need to speak to a family law lawyer. The site below can help you find one in your area.

Without knowing the specifics of your case, I can only offer up a few suggestions for your next steps.

The actions taken by many DCFS agencies, especially in the first days after a report is filed, can seem very cruel and uncaring to those closest to the situation. In general, social workers are encouraged to protect the child at all costs, even if it seems like there is a responsible adult living ten feet away. They can control the environment at a DCFS-affiliated home, but they can't be so sure about the child's relatives. When in doubt, they choose the surest bet.

Some of this dust has to settle before you can really make any sort of meaningful progress. Your daughter needs legal representation and some familial support while she's being held on these charges. You could also spend this time creating a child-safe environment in your own home, should DCFS decide to perform a home inspection. A good report from the inspector will go a long way towards winning custody.

You're also facing some serious accusations yourself which have made you a less-than-ideal candidate for custody. You may also need some legal representation, so ask your local social services providers for low-cost or no-cost legal services. Sometimes lawyers will accept cases pro-bono, which means they won't charge you for their time. Many lawyers are required to take a certain number of pro bono cases during the year. Make lots of phone calls.

If your own chances of gaining custody seem to be in jeopardy, perhaps you can suggest another blood relative who can provide a safe home and will allow generous visitation. It's better than losing your grandchild in the foster care system. The good DCFS workers, and believe me they do exist, will usually try to keep families intact if at all possible. It just takes time and a little faith in the system.

I understand how overwhelming all this must be for you, since you say you had no idea anything like this could happen this close to home. You may have to pick your fights carefully until both the trial and the custody issue are resolved. Continue to pray for guidance, and find a pastor or counselor who will listen without prejudice.

Other people have survived similar tragedies, so you are not as alone as you may think. It may look dark now, but these things have a way of sorting themselves out over time.