[abcdefamily]

I read here somewhere that FL passed a 12 month rule that a child that has been in care for over 12 months gets moved onto TPR? Was that correct?

We have a little guy who has been in care a year this month, and with us for almost a year (he had an interim FH while we were on vacation, then we got him)

BioMom's situation is 'different' to say the least. But the facts basically are that she's done the minimum to get the plan continued this far and now has had a setback that could potentially make this case another 6-12 months IF they let it go that long.
We are working with Pasco County - if that makes a difference...

anyone have any insight?

Thanks!

[twinflana]

From what I have been told parents have 12 months to get their act together. However, it is completely up to the Judge if he wants to give them extra time. We have one Judge here in Duval county that is great about not giving parents extra time unless there are some extenuating circumstances. Then there is another that is more lenient on the parents. If the parents were working their case plan before the set back then they might be given extra time.

[GingerR]

Has your cw started the ball rolling yet toward TPR? Because as I understand it, yes, in Florida, if by the 12-month mark the parent/s have done the bare minimal on their case plan or nothing at all, setback or not, they are supposed to move forward with a permanency plan.

If everyone involved in the case is in favor of going ahead with TPR, that definitely will weigh in your favor.

[val1960]

It is now July - what transpired with your foster child - did it go into TPR - somewhat similiar situation in Pasco County - curious as to expect.
thanks
val

[brl]

I fostered in fl. and heard of the rule but never saw it enforced. I beleive there are a lot of loopholes around it.
Everytime I asked about it the answer was unclear.

[jigger]

In Texas anyway, there has to be some decision made about what to do with the child by one year. The judge has the option to extend that time period though, what has happened at the hearings?

[mj77]

The 12 month timeframe which is usually closer to 15mo, has to do with ASFA with is federal. I believe there needs to be a permanancy plan by about 12 mo whether it's RU or adoption. From there the timeline can draw out depending on appeals, parents meeting their goals or finding a family for the child.

[Chancey]

Here is what the Federal Adoption and Safe Families Act of 1997 explicity states:

Establishes New Time Line and Conditions for Filing Termination of Parental Rights. Old Federal law did not require states to initiate termination of parental rights proceedings based on a child's length of stay in foster care. Under the new law, states must file a petition to terminate parental rights and concurrently, identify, recruit, process and approve a qualified adoptive family on behalf of any child, regardless of age, that has been in foster care for 15 out of the most recent 22 months. A child would be considered as having entered foster care on the earlier of either the date of the first judicial finding of abuse or neglect, or 60 days after the child is removed from the home.

I'm not sure what Florida does, but the federal law makes it mandatory that if they have been with you for 15 months that the dept needs to file termination proceedings.

Typically in Texas the date is automatically set when they first come into care for 1 year and the family can extend it one time up to 6 months.

[vesw01]

Our daughter is going on two years of continious care. They have not moved toward TPR at all. Mom does the are minimum. I wonder what happens if I bring up the federal law just for kicks.