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Old 08-03-2009, 01:59 PM
Longing2bMom Longing2bMom is offline
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Questions about TPR in California

I'm still in the process of being licensed for fost/adopt and I am getting very confused about the whole process of TPR. I was reading on another thread that if TPR is denied, the children are usually returned to their parents immediately. However, I seem to remember at the beginning of my fost/adopt classes learning that if TPR is denied, the child usually remains in foster care with the parents being offered more services towards reunification. In other words, the judge doesn't think the child is ready to return home, but doesn't think that the parents rights should be terminated either. It seems strange to me that it would be an all or none deal - either they lose rights or they get the kids immediately. None of the posters on the other thread were from California, so I'm wondering if it is different here or if I am just remembering wrong from my classes (that lesson was 7 weeks ago).

Also, I have read on other threads that TPR is done with a jury trial. I don't remember the classes ever mentioning a jury being involved. Is a jury used in California for TPR hearings or does the judge just decide?

Thanks in advance for your responses!
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Old 08-03-2009, 03:00 PM
Yash Yash is offline
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In CA, the children don't go back to the parents if TPR is denied. TPR is not done by trial here. The judge makes the decision.
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Old 08-03-2009, 05:12 PM
Longing2bMom Longing2bMom is offline
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Thank you, Yash. I feel better knowing that. Even though I'm not there yet (not even close), it really bothered me to think that it could be "you're not fit to be a parent so we're going to TPR" one day to "oops, we were wrong, here's your kids back" the next. I'm also glad to hear that California doesn't do jury trials for TPR. I think a judge is much better suited to make those decisions.
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