[oliviasmom2be]

Hi. I had a question for you all. The judge in my FD's case terminated reunification services for ** and BD last month. She ordered a .26 hearing for September. After all of this, ** decided to enter rehab.....although I know the .26 hearing will happen, on appeal what are the chances that a short stint in rehab will persuade a judge to wait on the adoption? The baby is under a year - the 3rd child to be taken (the two others live with a relative not related to my FD) and the rehab has ordered in-patient treatment of no less than a year. We are in California if that makes a difference. Our supervisor and SW say that they have never seen a case like this turn over on appeal. Can I get some "dittos?" I think I'm just looking for a little pep talk. I will soon be voted "foster mom in need of most pep talks." Thanks for any encouragement or similar stories.

[sayoko7]

Our SW said that once reunification services are terminated, that is pretty much it. In our case, the .26 was to make sure that there were no relatives who might come forward to take our girls. So here you go:
PEP!!!!!


katie

[oliviasmom2be]

I can't even tell you what a huge smile I have on my face right now! Thanks!!

[Mel in NEPA]

What's a .26 hearing? Never heard of it. =)

[oliviasmom2be]

A .26 - it's a TPR hearing. Usually a judge has a review hearing and then orders a .26 hearing to terminate parental rights. In our case, the judge orderd the .26 prior to the 6 month review. Only now, ** has decided to FINALLY enroll in a residential rehab - ugh! Everyone has assured us it's too little, too late but.....you never know. Cross your fingers and say a prayer for good news for our little one on September 12. It seems so far away. Tiffany

[lisajm54]

I am in Ohio and the way things are done here may be different; but appeals seldom do any good here from what I understand. It takes a very long time to acutally make it to court but the ruling usually is in favor of the child and the adopting family. I adopted my foster daughter after three long years of visits with ** and we could not be happier about the dicision. I hope to adopt my newest foster daughter, whom I have had since she was 2 days old, next year. Good luck and think positive.

Lisa

[ckh8456]

Remember, Just because they no longer are offering services to the BP does not mean they won't wait to see if the BP get their act together prior to TPR, for sure it looks like TPR will not just be a hearing it looks like the BP are going to fight so at least prepare yourself for a trial. Also prepare yourself for a continuance of that Sept. date unless BP fails rehab. Do you have the backing of the family members who have taken the first 2 kids? have they adopted the children, or are they long term fostercare or legal guardians? If they will testify that they have seen this behavior pattern on the part of the BP before and they see nothing new in her ability to parent now, that will certinly help you. Just take it one day at a time.
I have been in the same situation, don't worry, it takes time but if you are meant to be this childs mother-you will be.

[claschober]

For us, the fact that birthmom had other children taken away, they didn't work the case plan till they found out the plan was adoption and other circumstances made us have hope that the appeal would be denied. Our sw also told us in our county she has only heard of one case where the appeal was not denied and that is because a birth father came fwd. that had no idea he had a child prior to the .26 hearing. My understanding is a judge will not TPR unless he/ she has sufficient evidence that the child is better off being adopted instead of reunified.

Best of luck!

[sayoko7]

That's why we are here! We need to help each other through the tough times.

[sfbaymom2000]

I have also heard that appeals are very rarely won. By the time they get to TPR social services has documented very well (or should have) the abuse/neglect, services offered (and failure to utilize them).

Ask if you can have a copy of the .26 report. I was advised to and we got it. Here, they don't offer it but you can ask for it.

Good luck!

[mommyofsix]

We live in CO and our cw said she has never heard of a TPR being overturned before and the adoption cw said she has never either and she has been with the system for over 25yrs. They told us when we started the adoption on our two boys (still in the process TPR 12/05) that if the BP appeal all it would do would delay our adoption and put the boy in limbo for awhile. The ** of our 2 DS called me about three months ago to tell me the BF wanted to go to court to appeal I told her go ahead beacause I knew the time limit had run out for them and he would have to do a lot to try to get an appeal heard. Our cw said it would never happen and not to worry so we haven't I haven't heard back from ** since then but that is another story. Good Luck with everything and God Bless you and your family.

[oliviasmom2be]

The bio-mother has lost two other children to their biological father and grandmother. My FD is from a different man. The BD has two boys that were adopted by non-family members. They were from a different woman. Sfbay - what would the .26 report contain and how soon would it be ready prior to the hearing? I wish there was a master list of all of the things you can have that would help me grasp my FC's case better. Maybe we can make one! Kidding. Thanks for the information, support and good wishes. I need them and appreciate them immensely.