[leaabc123]

I was speaking with an attorney this morning, asking questions about the girls as well as second parent adoption for our tiny little bean.

He said, in some cases, that a foster parent is better off having an attorney come on board prior to tpr being done, especialy if the case is slow moving. Anyone have experience with that?

I would feel more comfortable with that if the girls had been with us a year but it has only been 6 months (although they have both been in care
well over the 18 out of 22 month rule).

Other than that, he seemed to be on the ball and came highly reccomended.

[mckenna]

with my son, i got a lawyer involved after he had been in care over a year and bmom had already signed her rights away. at that point (since dfs had neglected to worry about the bdad) my lawyer actually filed the tpr paper work on bdad and the adoption papers. now with my new foster daughter, my lawyer is saying that since dfs is persuing both parents at the same time, there is no reason to get him involved until after tpr, for the actual adoption. i don't think i am much help but that is how my two situations have played out. i do have to say that with my daughter, dfs filed the tpr paper work at the 6 month mark, so they are moving very quickly which is why my lawyer saw no need for his services at this time.

[Luvbeingmommy]

I would feel more comfortable with that if the girls had been with us a year but it has only been 6 months (although they have both been in care
well over the 18 out of 22 month rule).

I am not familiar with this. What is the 22 month rule? I have had my two foster sons for 18 months now and we are just now at tpr. I would really like to know some of these rules, my agency doesn't volunteer any additional information and I just don't know what questions to ask.

Thanks!
Darla

[leaabc123]

Look up the ASFA laws (adoption and safe families act). Part of it states that if a child has been in foster care for 18 out of 22 months (doesn't have to be consecutive) then, barring any extenuationg circumstances (parental sickness, etc), parental rights must be terminated.

Judges are not following it as it was meant to be but it does help to speed up permanency.

[Kate1129]

I was under the impression that rule was changed to 15 of 22? That's what our SW is saying, is she wrong?

[leaabc123]

Sorry, it is 15. I just checked my court paperwork. For some reason, I have 18 stuck in my head

[momofmykids]

Lea,
You could get an attorney, but you may get on the bad side of DCS if you do. They like to "call the shots" and tell you when to get the attorney. Are you planning on filing a petition for adoption? In TN, the fp contract says that you agree not to file for adoption until "they" say it's okay.

[leaabc123]

I figured as much, regarding the possibility of getting "blackballed" but we have never had to sign anything like you are describing either.

At this point, I am just ready to be done. Plus the fact that these kids have not had stability for their entire lives and BP's have made no progress at all.

But, we are going to wait and see what happens in the next month or so, as another hearing is coming up.