[jamie3]

Yes the tpr was Feb. 9 & we were just a few weeks away from adoption.

[jamie3]

Actuallty I think this is better from our state law:

Sec. 153.434. Limitation on Right to Request Access. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (A) died; (B) had the person's parental rights terminated; or (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates an authorized agency, licensed child-placing agency, or person other than the child's stepparent as the managing conservator of the child; and (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent.

[mj77]

Jamie, if they are going through your state to have their homestudy done, I am sure it will take some time (it would in our state. It would take several months). In our state we have a current caretaker committee that can review the foster parents request to be concidered an adoptive resourse for the child after 6 months of being in their care. Is this what your 6 month time frame is too? Worst case, assuming they pass their crimial check (and I imagine BOTH would have to pass), your 6 month mark is coming soon. Surely someone would have to take you into concideration that these boys are bonding with you. Keep us posted.

Melissa

[Crane13]

How tough. We have only had one long-termer go on from our house, and it was hard. Try to keep your chin up. The state has to exhaust all interested family members before they can look for an outside family. Is the GAL on your side? Are there other sibs that could be together in Gma adopts "r" and "c"? I would take it as a good sign that they have not done the home study before now. The judge will consider that! Our fs's gma is trying to get him, but she has a criminal background and 3 incidents in the past with dcfs. Not to mention that her bchild is in jail. And the grandkids were originally taken away from here. All signs that she struggles with parenting. She might get them back though.

It is easy to stop caring as much... to protect your own self when you don't know how long they will be there. Just remember that these kids have been blessed to be in your home for almost 6 months. They have been given a good life with a loving family who makes them the center of their universe. Even if it is temporary (and I hope not) you are teaching them how to love and attach. You are giving them something to build on.

Why don't you start the 4 year old with memorizing your phone number? I would!!!

God will work it out, Jill

[jamie3]

In cases like this they can expedite the home study. She said 3 or 4 weeks but I think it will be much longer.

Do you think that they have to explore the bio family even though the parental rights have been terminated? I think it severed all rights with the family. How can the parents lose their child if the grandparents just take custody. What is to keep the grandparents from giving the parents access to the child?

You know IF YOU DON'T HAVE ATTACHMENT ISSUES WHEN YOU COME INTO CARE, THE STATE WILL MAKE SURE YOU OBTAIN THEM WHILE YOU ARE HERE!

We have worked with a counselor for 2 weeks to get Ryan ready for a week in respite with a former foster mother. He was with her for 6 months and very attached to her. However, he has a new attachment now and was struggling with going for a visit. He was afraid I wouldn't come back to get him. We have spent all this time convincing them that this was forever because THAT'S WHAT THE CW SAID TO DO.

They better not screw these kids up even worse.

[heidi and co.]

Hi Jamie, I hope you managed to get some sleep last night although I am pretty sure it was a long night. You asked a question re tpr of ALL bio family? Here, in our state the courts can only terminate biological parents, not all bio family. However, bio family can be offered and reoffered (as we discussed) services until they have been ruled out as potential placements. I totally 100% agree with you on attachment issues and the system. Although when the system is successful, it is worth it ~however too many times it breeds attachment issues and lifelong struggles for small children. That is one of the reasons that we switched to a model court system. There are still some kids that grow up in the system for a myriad of reasons but for the most part, my husband and I are starting to see more children in and out of the sytem in a more 'timely' manner. Please pm me if you have other questions or if there is anyway that I can offer you support. One more question~what state are you in?? Heidi.

[Crane13]

Thank you for continuing to fight for these kids. Can you imagine what their lives would be like with out foster and padoptive families?

I sure hope and pray that the judge will see through this situation and do what is right for the babies.

Jill

(what about the GAL?)

[jamie3]

I am in Texas. Is GAL the same thing as CASA (volunteer court advocate)? I emailed our CASA worker but I have not received a response.

[heidi and co.]

The GAL, is the Guardian Ad Liteum which is the attorney for the child or the child's best interest. The CASA is a volunteer who usually has one case at a time and is more or less a friend/advocate to the child. They can be extremely valuable to a child in care.

[jamie3]

No I have not contacted the GAL but I plan to on Monday morning. I have only contacted the CASA worker.

[EZ2Luv]

Oh Jamie,
I just happened upon this thread when I saw it's title. Please know that you have been in my thoughts and prayers since last night. If it's any consolation, I am sure that those in authority will realize just how detrimental it would be to remove those boys from your home. Those boys are old enough to verbally express how attached and well adjusted they are with you. The courts do take that into consideration. Also the fact that the grandmother took so long to come forward with her desires. IMHO this seems like a last ditched effort for the biomother to have access to the children. If grandma really wanted those boys why did she not say so when they were first placed in foster care? I am sure that the judge will consider that too. I know it must be terrifying for you and I cannot even imagine what you must be going through . Again I will continue to keep you in my prayer.



EZ,
Grateful Adoptee.

[jamie3]

Well I was going to show you the kids but the file is not showing up.

[Dianna]

Hi Jamie, In our state, once the tpr has happened, all bio relatives lose their rights along with the birth parents. If Grandma was not considered when she should have been, then she may have an appeal or something. It is hard to believe that they did not look at her. More likely they did and she is not suitable. Maybe the court needs to see that again. We went through tpr 3 times and relatives always objected but the social workers had done their jobs and had made the approrpiate determinations. Very best wishes your way.

[jamie3]

There is a questionable criminal history on the grandfather and the previous workers did not feel that they could not pass. However, I think they are in a bad position because the workers assumed the grandparents wouldn't work instead of following the process and actually doing the home study. Now that the papers are being prepared for adoption and being reviewed with a fine tooth comb, they realize that they screwed up. Someone did anyway.

Now they have promoted bonding with us which has happened. If the grandparents pass the homestudy, we may very well lose the boys. Hopefully they are young enough that they will recover. I know they won't remember us though. I will have to pray that God's will be done for these kids and that I will be able to accept it if I don't get to keep them.

[jamie3]

Doesn't this say that the gp can not file for custody?


***********************************
If the parent-child relationship between the child and every living parent of the child has been terminated, a grandparent related by blood, adoption, or marriage to a former parent whose parent-child relationship has been terminated or to the biological father of a child may not file an original suit. This limitation does not apply if the grandparent has a continuing right to possession of or access to the child under an existing court order or has the consent of the child’s managing conservator, guardian, or legal custodian to bring to suit. Texas Family Code § 102.006 (1996).