Can any one tell me when or IF the court ever looks at the BEST interest of the CHILD???
I thought if the child had been in foster care 12 out of 12 months or 15 out of 22 months (and these do not need to be consecutive) that DFS is supposed to move to permanency unless there are compelling reasons.
We are dealing with (fighting with) the courts in Jackson county. (They are really a mess!!!). I know of several foster parents who are in the same sinking ship we are in in this county.
We are trying to keep our baby girl who is almost 2 1/2. We picked her up at the hospital at 2 days old and have had her ever since. (she only sees her bmom once a week on visits). We also have her two older brothers whom we have already adopted. The children were removed from the b-home due to severe physical abuse, no perpatrator was ever named. We went to court for termination on all three, but due to the fact that the DFS lawyer messed up on the baby girl filling DFS thought that they might loose. So literally minutes before entering the court room the attorneys played lets make a deal. The attorneys got bmom to sign over rights on the two brothers in exchange for more time for the little girl. (that was Oct 2002). Then the attorneys said they would re-file the papers on the girl in Jan 2003. The did not despite numerous phone calls reminding them. Finally the end of March we hired an attorney (Big $$$$$'s). After we filed it then DFS filed it. A month later they dropped it since, "the foster family is already paying for it". Now we are fighting it and trying to repair the damage done by the DFS attorneys. See since they convinced the b-mom to sign over rights in the "deal", that is considered "voluntary" termination. So basically at that point the b-mom has a clean slate, none of the abuse done to the brothers can be brought up in court. So now we have a little girl who has never been abused or neglected, and a b-mom who we can use no history on. What grounds do we have for termination now?
On top of all of this the boys know and understand that this is their biological sister and they have been with her in the same home for nearly 2 years. How will it ever make sense that their "baby-sister", who the love, may have to go live with the same mom that literally beat them up. (Hospitalization was required!!! One brother had 2 broken legs, and then some).
Who in this whole mess is looking out for the best interest of the children. DFS put these kids together in our home to be adopted together, only to then they split them apart?? The attorneys for DFS and the guardian both told me after the "deal", to "be happy, we got you 2 out of 3". I don't think I have ever been as angery as I was that day. I told them that they just blew it. The kept saying we will re-file and do it after the 1st of the year (Jan 2003). All because THEY messed up on the filing and didn't want to go into the court room looking like some screw-ups, so they make deals with our children. Now we are paying in excess of $10,000 to fight this and can't even use all of the evidence that was available in Oct because the termination was "voluntary". A forced termination we could have used the history and would have even given us more ground for termination.
If any one out there thinks I am angery and bitter ... you have no idea!!!! On top of this we have the worst judges on the bench that this county has ever had!!! From what I hear, they think DFS is a bunch of screw-ups (I would have to agree!!). So to fix the DFS mistakes they (the judges) just send all of the kids back to the bio homes.
We definately need to get some laws changed, particulary the one about "voluntary" termination. How is it voluntary and not cohersed (?spelling) when the lawyers are cutting deals??? Also, why isn't the state of Mo required to follow the federal mandate to go to permanacy on the 12 of 12 or 15 of 22 rules? What happened to the whole safe-families act?? But most of all when will DFS, the attorneys, and/or the courts really start looking at what is in the best interest of the children??? We foster parents all know about attachments and bonds, both between siblings and the only real parents these kids have had. When a child has grown up for nearly 3 years in the same home with their siblings how is it a good idea to put them back with an abuser???
We go next week, on the 18th, for the pretrial hearing.. and can certainly use all the prayers we can get!!! If any one has any other ideas of how to fight this please let me know. Sadly ours in not the only case like this, we know of several other foster families in this same county fighting the same battles... and we all seem to be loosing.
Thanks for listening,
Kathy
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