[bp1035]

I have had my foster son for 18 months his goal has been changed to adpotion (yeah) and visits reduced to 1 every 3 months(bigger yeah). However they keep setting goals for her that she doesn't ever meet. Missed two interactionals and wrap around service meetings for my fs and her other boys that I do not have. When will they just say enough is enough. And why in the world do these parents get to contest tpr if they have done nothing they are suppost to? Just looking for answers.

[Boulderbabe]

How many chances do abusive and neglectful parents get? Way too darn many---as we all know. The court is still more concerned about preserving their rights than it is about the well-being of children, no matter what ASFA says.

The appeal process, by the way, is mostly formal and not substantive. The bparents can only argue that their rights were violated procedurally, not that they are in fact in the running for mother and father of the year. I mean, it's pretty clear: either you complete the treatment plan, or you don't. I'm all in favor of having an appeals process in place to make sure the system isn't trampling innocent people, so I think it's a necessary evil.

[bp1035]

If they had their children taken Iam sure their cases would never really get to tpr correct?

[WhoKnew]

I aree - way too many! It does vary by area, though. I have heard of cases where the courts bend over backward to give the bio parents every possible chance after they have blown it over and over again. In our case, the court was fairly strict with them and they did not appeal the TPR. We were very lucky to have it go quickly.

[straightblues]

The parents have civil rights. The rights include due process under the law. Therefore they have to have a TPR hearing. They then have the right to appeal the TPR if they loose. Prior to TPR the parents are given between 12 and 18 months to get there stuff together (times vary by state). The typically get this time whether or not they are working their plans. As a foster parent watching it, it is really hard. But if you know that it has to happen and the judge really can't do anything, it makes the waiting a little easier. Just know that your bioparents are loosing everytime the don't do what they are suppose to. It isn't going unnoticed by the court, the court is just following the legal procedure.

[Bailey071097]

Remember, one of the things that many parents face is that their life is easier without the kids, but they don't want to admit that. It is easier to save face by arguing the TPR and maybe appealing than to just give up. Then, they can blame everything on CPS and not themselves.

[Hadley2]

Just a note on appeals--whether they are de novo or procedural varies by state. In Virginia, the first appeal (to Circuit Court) is heard de novo, as if the TPR trial had never been heard by the juvenile and domestic relations court--it's a whole new trial. We're told the appeals are filed automatically unless the parent takes the initiative to stop it, that most TPRs are overturned (at the cc judge's discretion) and most cases returned to family court with new 12- to 15-month case plans. Then there is another family court TPR trial, if successful, then appeal goes to an actual Appeals Court where it is heard on procedural grounds.

[Boulderbabe]

Thanks, Hadley. That is different than here in Colorado, where the bioparents must file an appeal within 45 days of TPR (it's not automatic) and where only procedural complaints are heard. And unlike the situation you're describing, where almost all TPRs are overturned, TPR is almost *never* overturned here. In my county, there has not been a TPR overturned on appeal in 30 years.

[Bug-n-Bears-Mommy]

I do agree that they get more than they deserve.

I remember that every 3 months or so I would receive a copy of the "case plan"...it outlined everything that was expected and if the parents were following the plan. It also said what was expected of them if they would like RU. I remember that every time I got this I would think...what the heck? I thought they were working toward adoption. The truth is that adoption was basically always the case plan. I later learned that this is pretty much a "paper pushing" red tape procedure. The case worker has to continue to "work the case"...giving every opportunity to the bio parents. If they do NOT do this then the b-parents can later clean up and contest the adoption. Knowing that my adoption would be binding for life, I just got to where I read it...but did not put much stock in what they "expected" of the b-parents. I DID always enjoy the CW comments about how they were thriving and very happy in our home!

[lynnpalm]

Gosh it is hard to sit and wait for time to pass in regards to TPR. We're on month 17 with no end in sight in regards to TPR. I read your posts and it makes me wonder if my hubby's prediction that this little one will have started school before all is said and done. I realize there are differences from state to state. Does anyone know what AK laws are? I've looked and either: not understood what I read; the law is too vague to pick out what the requirements are; or bmom is close enough to meeting plan that it just doesn't matter.
Any thoughts?
Thanks