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Originally Posted by thelowlanders
I understand they are not mine. But as of right now, they are not the b-parents either. They are the states right? And they were taken away for one reason or another. In this case very serious reasons. You'd think most of their rights would be on hold for now.
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Actually, the kids still ARE the bparents', and the bparents still have parental rights to the children until the termination of parental rights has been ordered by the court. They have a lot of ongoing rights to make decisions, even though the state has temporary legal custody.
That's why there's so much fol-de-rol about visits and so on. If the parents can demonstrate that their 14th Amendment rights were violated by CPS, the termination of parental rights is illegal and can be overturned on appeal. CPS takes HUGE pains to make sure that they are preserving the parents' rights, and will bend over backwards to make sure those rights aren't being violated, because having a TPR overturned is devastating for kids and adoptive families. Nobody, nobody wants to go there---it's just awful.
So while the case is ongoing, people really do go the extra mile for the bparents.