[hope21]

Hello! I am the Foster Mommy to 2 beautiful twin girls, almost 1 yr now. We have had them for a week and just gotten into the swing of things. Anyway, quick question-

The caseworker has been semi-updating me about things as we go, but since they are my first placement, I am somewhat lost still. I know Monday the mom had a hearing in which they simple continued because she requested an attorney. Tonight they had court which I guess was a placement hearing to determine that DCFS was justified in removing them- and the court agreed that they were. Now the caseworker said there is a pre-trial and then a trial eventually, which we will have them all through if no family member is eligible to take them (which is how its looking). So this is what I'm confused about- What is the trial for? IS it a criminal trial? What happens if she is convicted? Any ideas guys? Thanks all!!

-Hope21

PS- Forgot to mention, if its criminal charges then it would prolly be because one girl has shaken baby syndrome, and both their mom and grandma have admitted to seeing mom's boyfriend beat the girls.

[monroeman]

There could be criminal charges pending, but with foster care cases the trial is usually to terminate parental rights, and those rights either are, or are not terminated. There is no conviction per se. The State generally has to prove that they provided adequate opportunity for services and that the parent did not comply with the service plan or remedy the problem that existed.

Hope that helps.

[hope21]

Thanks for the reply. I'm not sure that its near the point of TPR since they came into state custody for the first time just last week. We were their emergency shelter and now will be their fosterparents until/unless a kinship placement can be made. As far as I have heard, no plan has been made yet for the Mom as they hadn't even completed the "justified removal" trial until today. Should have clarified the newness of this situation, sorry

[riley6]

Where I am they have a "just cause" hearing within the first month of being removed from home. It's to make sure there was enough evidence to remove the children instead of providing in-home services.

Then there is a six month review hearing, followed by a one year review hearing. If bios have not worked sufficiently towards meeting their goals by the one year hearing, the goal is usually changed to termination. It sounds like this is the children's first hearing. The judge will just determine if there was cause to keep the kids in fc or return them home or to family.

Here we handle criminal charges in circuit court, fc stuff in juvenile court.

[monroeman]

A,

I think your post was alright, I just can't read. The girls are a year old, not the placement. I get it now.

I don't think they call anything a "trial" until TPR, but I'm not the attorney, so legalspeak escapes me at times. I think everything else is a hearing or whatever they may call it.

So you live in Utah. So do I. I also foster-adopted a couple years back, so holler if I can help.