[JocelynC]

I know that when dealing with newborn adoption, ithe birthmom's parental rights are terminated only after she signs the paperwork after birth.

When dealing with adopting kids from foster care, when/how is TPR initiated?

Does a judge automatically TPR (without contacting the birthparent) after the birthparent has failed repeatedly to take the approriate actions req. by the county to get the child back?

Or does the birthmom have to be contacted and informed that the county wishes to TPR and asked to appear in court to defend her parental rights if she doesn't want TPR to occur?

OR am I completely wrong on both of these? LOL. If someone could explain the TPR process as it works with adopting from your county foster system?

Thanks

[Mared2chuck]

I believe that the bmom is given a certain amount of time to comply with a course of treatment. If she does not complete this course of treatment then ss will ask that her rights be terminated. She will be notifyed and if she shows up the judge can give her an extension or terminate if he chooses. Alot of times they will give an extnsion.... Depends too on how the bmom's situation is at the time of court. Good luck and hang in there. It is fustrating... SS will tell you their goal is reunification, but it breaks your heart when a parent isn't trying or trying just enought to keep these poor children caught up in limbo. Praying that it works out for you.

[JocelynC]

Thanks!

I'm actually pretty far from starting the adoption process. I'm planning to adopt once I finish undergrad & grad school (2-3 yrs from now).

I already know that I want to adopt from social services and am trying to get some facts about TPR so that I can be as informed as possible about the process when the time comes for me to get started.

Another question:

If the birthmom contests TPR, what happens?

Is the child automatically sent back to the birthmom? Or does the birthmom have to DO something FIRST to prove that she's fit to have the child back (i.e. parenting classes or counseling)?

[munchkinwoman]

from what I understand the foster care system has alot of rules on tpr. My friend has children in the foster care system and she was told she can always fight and try to get her children back. my other friend has a child in the foster care system because she didnt do what she was supposed to do to get her son back.

[Mom2threebabes]

In foster care, birthparents are given time to work their treatment plan. Usually it is a 12 month time frame. However, if the parents are making any kind of attempt at working their plan, the case drags on and on and on. Until finally the team (caseworker, attorneys, juvenile office, etc...) agrees that Termination should be the goal. Once termination is the goal, the juvenile office files the TPR Petition with the Courts. The parents are "served" the petition and a court date is set. This usually takes months to get done. At the tpr hearing, the parents atty presents the parents side and the children's division presents their side. The judge rules as to whether or not termination is in the best interest of the child(ren). If the TPR is granted, then the judge has to sign a TPR Order. Again, this can take several months. The parents then have 30 days to say they are going to appeal the tpr. Then they are given another 2 weeks, I believe, to actually file a tpr appeal with the court of appeals. In Missouri, it takes 9-12 months for the appeals court to hear the case and make a ruling. The parents can then take it to the supreme court of appeals where there is another waiting period for a final determination. It is a long process and you have to be patient. Our little girl just turned 3. We picked her up at 2 days old and we're just now in the 30 day waiting period after rights were terminated. We're keeping our fingers crossed and praying really hard that mom or dad doesn't appeal. We're ready to get this over with! Hope my post helps. Again, this is how it is done in Missouri. Your state may be different.
8/03 Baby Born
8/04 Permenancy Hearing - Reunification still
the goal
9/04 2nd Permenancy Hearing - Reunification
still the Goal (with exceptions)
10/04 3rd Permenmancy Hearing - Judge rules to
start TPR Procedures.
4/05 TPR Petition delivered to all parties
3/06 TPR Hearing - judge agreed to termination
7/18 TPR Order Signed by Judge

Mom has 10 more days to notify atty if she will appeal. If no appeal, we're going to file for adoption end of this month and finalize the adoption end of next month!