[mom_bug]

Our 11mo old foster son's Termination Trial was held yesterday, and Parental Rights were Terminated. YAHOO! But, case worker said that the bio-parents could appeal -- has anyone out there went through a Termination Appeal? Please give your experiences..... Now we are nervous wrecks again...!
(we live in WA state)

[tybeemarie]

I don't live in WA, but here in IL, the appellate court HATES child welfare cases. Judges don't want to be in the position of evaluating something as tricky as a termination with only the bare record to guide them. No one wants to be the one to overturn a termination that results in further injury to a child. I'd say the chances of a birth parent deciding to appeal and winning are very, very small. Congratulations on getting closer to your adoption day!

[mommyto9]

We're involved in our first TPR case, we just had the initial hearing and are now waiting to find out when the fact finding will be. Anyway, from anything I've read on here, it sounds like most TPR's are not overturned unless there was an error. Like the attorney did something wrong, or a clerical error, or something weird like that. Like tybeemarie said, no judge would want to be responsible for putting a child in harms way. I think the chance of it being overturned are minimal. I pray our TPR has the results yours did. I'm also a nervous wreck waiting. Congratulations!

[mrbeansmom]

We just went through the appeals process too. Our daughter's TPR was done in November and the appeal was filed one month later (here in CA they have 3 months to appeal, during which time you cannot finalize and adoption). The appeal was overturned in April. Now I understand the father is appealing to the CA Supreme Court, which means we have to wait another three months before we can finalize. Two of our children have been appealed on, but like others have mentioned, most don't ever go through.

[whiterhino42]

Even if they appeal the termination is "frozen" the day it occurs which means if the Mother was a druggie who never got her act together and appeals and 6 mos later at the appeal is all cleaned up and wonderful acting it doesn't matter, the judge can't even consider that, her fate was frozen the DAY OF termination...so in most cases it stands. Congradulations!

[Faulkner99]

I have to preface this with THIS IS NOT LEGAL ADVICE because I'm an attorney - but speaking as a layperson - it's highly unusual for an appeal to be successful. As others have stated, the grounds for appeal need to be PROCEDURAL (i.e. the judge makes an error) and not based on substantive issues in the case. Because this type of case is common and highly specialized (the attorneys only deal in this particular type of case day in and day out), the chances of a proecedural error are slim.

[morandi7]

We're in California and our social worker said appeals of TPR are rarely upheld. The only way they could be reversed would be for a major problem, such as the b-parent being denied their visits with the child. Our agency is very careful with that, they make sure to document every visit and follow the judges visitation requirements to a T. I wouldn't worry about it. The b-parent has proven they are unfit to be parents by having their rights terminated. The judge knows that and will uphold the decision. Let us know what happens.