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  #1  
Old 02-20-2008, 06:12 PM
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Anyone....Is there a 4 month rule/protection for fosterparents?

Okay, somewhere, somehow - I remember reading that once the fc has been in a foster home for the "magic" 4 months....the family is offered some "protection" against birthparents (not neccesarily cws or ffa) from pulling the child and putting them into another home.

Is that only for when cws is looking for a family member for placement and no one comes forward or what .....................

My fs will be four months and we've had him straight from the hospital and I wonder if b/m decides 6,7,8 months into her RU that fs needs to change homes....50/50 chance that this may go to TPR....

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  #2  
Old 02-20-2008, 10:11 PM
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xxsurroundedbyxy xxsurroundedbyxy is offline
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Unhappy I think you are mistaken

Ok...I may not be in your state.... but I have never heard of this type of magic number. A lot of family members do not even find out that a relative was placed into care until after 4 months and they can petition to have a homestudy done at that time for kinship placement. The child would stay with you until that was complete and approved and this could take awhile since they would take fostering classes as well.

Also, DCFS reserves the right to move any child for any reason they deem necessary. Now, I would hope if things were going well in your home they would not move a child causing further damage to that child emotionally but it is their right.

Birthmom will not have a say in which foster home the child is placed (although they can cause quite a stink until DCFS moves the child to help all involved), but she most definitely can come back after 4 months and choose to work her case plan and get her child back. Many bioparents take 12-18 months. Unfortunately, many adoptive placements are returned to their parents after YEARS of being in the adoption process. There can be years of appeals before TPR and adoption are finalized. Too many sad stories of that happening are ALL over this forum. Many of whom had the child in their care for YEARS since birth. (AnnWill being the perfect example)

I believe the information your received was false or you misunderstood what you read.

Kim
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Last edited by xxsurroundedbyxy : 02-20-2008 at 10:14 PM.
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  #3  
Old 02-21-2008, 11:46 AM
Yash Yash is online now
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Kay,

I've never heard of this. I know six months is a "magically" number in a sense because it's the minimum amount of time a child can be in your home before you can adopt. Also at six months, you can request to become your child's de facto parent.

I think relatives can come forward up until TPR is granted. Of course, they would have to have a great reason as to why they weren't around the first year or whatever, but really it's all up to the judge.

Is bio mom working her case plan? I always take that as a sign of where the case is going. What does the CW think of the case? Have you spoken to your child's lawyer?

Best of luck.
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Old 02-21-2008, 04:09 PM
shan76 shan76 is offline
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I, too, am pretty sure family members can come forward up until TPR. Also, birth parents have a 30 days to appeal TPR. For me, I was able to exhale 31 days after TPR.
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  #5  
Old 02-21-2008, 04:17 PM
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Shan76, I thought birth parents had 60 days to appeal?
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  #6  
Old 02-21-2008, 06:07 PM
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I know that you can petition to be named the childs De Facto Parents. I am not sure how this works but we petitioned the court and by doing to we were made an official "party" to the case.
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  #7  
Old 02-23-2008, 12:21 PM
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well heck

I'm just not sure where my little brain picked up this tid bit of info.......somewhere, maybe from another post from an out-of-state foster parent.........

Thank you very much!
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  #8  
Old 02-26-2008, 12:40 AM
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ours was a little diffrent. Our Son was a relinquishment and bio mom signed her rights the day after i picked him up. About 4 months later a aunt called DPSS inquiring about him and the SW could not even tell her her had been placed as there was no info on file about her. She was willing to adopt him but part of the family did not want her to so she did not find out till after. Well now we have both bio mom and unknown dads rights gone and we are signing adoption placement on teh 12th of march. Hearing two weeks after that, and we are done, and will not be doing it again.
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6/15/07 - mom waved right to change her mind and relinquished him
Oct 07 - Got Acknowledgement back on bio mom from state
Dec 07 - Docs sent to court to TRP unknow dad, due back in Feb hopfuly
Feb 08 - doc back
Mar 08 - signed Adoption placement
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