[Kristin7]

There is the adjudication and permanency hearing on Wednesday. GAL is still deciding if he will supeona me.

How do I prepare? What do i take with me? What should I be prepared to answer?

I asked the cw on Friday what her recommendation would be. She said she didn't know yet and was still talking to her supervisor. Yet...she is the one that asked for the permanece hearing.

She said two things: one that GAL, states attorney and her were all on the same page about it being a year now and nothing has changed that brought the girls into care; no work on service plan and so changes with bios. So they thought that heading for a permanent placement was recommended. But then she said that since the adjudication has not taken place, that the last year of care would not count toward the time lines and that if bios attorney fight that....the time line wouldn't start until after adjudication...meaning that we start at day one on Wednesday and then go from there.

That is what I feared from the lack of adjudication. It was postponed and continued each month for 12 months..and never due to our side/cw/ etc...always from bios attorneys etc.

I'm expecting the worst.....but hoping that the judge(if we even see a judge) will take the lack of change and effort on bios part...an indication of their unwillingness to follow the plan.

Regardless of the outcome....how do i prepare for testifying?

Thanks
K.

[Boulderbabe]

Whenever I have to talk about issues this important to me, I cry. :-(. So I used to cry every time in court. This maybe wasn't the best plan! By the last time, I'd finally gotten to the point where I wrote an outline of everything I wanted to say, so that I wouldn't start crying and forget anything. Having an outline kept me from blubbing, too.

Good luck! I think what you really need to do is focus on the girls, and talk about how this situation is affecting them. If visits are hard on them---say that, and talk about their behaviors afterwards. If their mom is telling them things she shouldn't be, say so and give examples. The more specifics you have, including times and dates, the better your statement will be.

Good luck!

[kxl164]

Check the code of law for your state regarding foster care. They usually have a back-up so that the time-line will start anyway regardless of adjudication.

Here it is either at the time of removal, or 60 days after the time of removal regardless of what court actions have been taken.

So, the children's timeline would have at least be at the 10 month point if you lived here.

I would check either your state Social Services website, see if you can get a copy of the manual that the SW'ers follow for foster care cases, or check the code of law for your state.

Saying that the timeline starts Wed. is wrong and harmful to the children.

If you don't have a lawyer I would suggest you contact one, in the childrens' names because this is horrible for them. As I'm sure you know.

[Kristin7]

what sort of questions will I be asked? what sort of facts/dates should I know?

what sort of statement should I prepare?

obviously i have nothing ready. I dont' even know that I am supeoned yet. I just called teh GAL this morning to find out. had to leave a message for him.

I'm getting anxious.

am I supposed to support RU to no end? or make them hear how this limbo crap is really affecting the girls.....its in their best interest to never be returned. I know my sisters history and she has been evicted ffrom every apartment/home she has ever had....fired for most all jobs, has no money. and all three children have special needs medically and behaviorally. Sis can not handle this type of stuff alone...and her partner is an indicated sexual abuser and domestic abuser and druggie and so on. she may move out of his place...but she will never be away from him....so the girls will always be at risk of harm if they are with her/him. do i tell the judge that?

Help
K.

[Imdamommy]

I thought the adjudication had to take place legally within 45 days. In our case, it could not go before legal screening(to determine if TPR could be filed) until 9-12 months after adj. Also, the court date for adj. was done and it took 2 1/2 months for it to be filed. The 9-12 months started at the filing date. The child had been in foster care for almost 6 mon. by the time it was filed.

I hope that is not the case with you. I understand how frustrating it can be.

Re: supporting RU? Our policy was to support what ever goal was set by the Dept. We supported RU until the dept. changed the goal to adoption. Then we supported the adoption. Yeah!!!

[straightblues]

Court rooms and legal proceeding are all about getting to the legal issues. They do not think about feelings. Keep feelings out of it and speak to the legal issues. Respond with facts as you know them. Do not use this stage to vent or go in tirads, just the facts mam, just the facts.

You should speak with the GAL and the social workers and find out what areas of the law you must prove to get the children.

For example, at my TPR hearing, the point of law that the parents had to prove was that the children would be damaged by the court terminating the parental rights. The parents barely even testified about that they instead went on to say how bad the foster parents were, and how the system is screwing them. They completely missed the areas of law that could have saved them. Make sure you don't do this, ask the attorney what areas are important and what you have to do to prove your sister is an unfit parent and the children are better with you.

Finally, I have testified in court a lot on unrealted coporate issues. A general rule is say as little as possible and only what is asked. Do not volunteer any extra information. Take as much time as you need to before you speak. Think before you speak. Let the lawyers that are with you lead you and follow their lead. They know the information that they need to prove their legal requirements. Be careful of the opposing council and again, keep the answers very short.

[Kristin7]

THank you everyone. And to Straightblues....am I really the one that is supposed to prove the parent unfit? Is that what my position is? I"m asking this because I thought that is what the state should be doing...not the foster parent. Yes....i have lots of information that shows her inablity to parent.

If i am asked if i think the girl should be returned? Do I answer NO or should I say YES....but only if bio is healthy? what sounds better?

Is this type of thing that i am unsure of. I do not think the girls should ever be returned....but i know that would not sound very good and not supportive of RU....which is what as a good foster parent, I should be supportive of.

Thanks all
K.

[kxl164]

I would be honest, but be able to back up what you say.

Do you think these kids should go back with bios?

If your answer is No, then say NO! And if they ask why, which they probably will, tell them why is short concise terms. Just be prepared for Bios attorney to turn anything you say back on you and make any behaviors your fault or the fault of "missing" the birthparents.

Do not try and sound good on the stand, be honest and be specific and don't say anything other than the exact answer to the question asked.

They will probably ask more about the kids then what your opinion is on whether or not they should return.

You are more than just a foster parent, you are a relative too, you personally know the biomom and her history and the girls' history. That can be a blessing and a curse. I have no idea what they would ask you, but I do know that you need to tell the truth.

Good Luck!

[Boulderbabe]

If I were you, I'd generally avoid making any determinations of your sister's fitness as a parent. That is for the judge to decide. Instead, focus on the girls' needs---how being in limbo is affecting them, how visits change their behaviors, whether or not they say things about how detrimental the situation is for them. Make sure the court understands what the girls' special needs are and what kind of parenting they require. (A smart judge will figure out that your sister can't provide that).

I had a statement because I was appearing on my own behalf. My lawyer called me to the stand. But if the GAL is calling you, you'll probably be asked specific questions. Answer them as thoroughly as you can, but don't give any information you're not being asked for.

[Boulderbabe]

Originally Posted by Kristin7

THank you everyone. And to Straightblues....am I really the one that is supposed to prove the parent unfit? Is that what my position is?

No. That is not your position. In your shoes, I'd avoid any attempts to drag me into that mess, and just talk about the kids.

[Hadley2]

Your cw has no clue. kx164 is correct about the 60-day rule. It is in federal law and encoded in most state laws as well:

US Code, Title 42, Section 675:
...each child in foster care under the supervision of the State of a permanency hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the permanency plan for the child...

(F)a child shall be considered to have entered foster care
on the earlier of -
(i) the date of the first judicial finding that the child
has been subjected to child abuse or neglect; or
(ii) the date that is 60 days after the date on which the
child is removed from the home; (!1) and

(G) the foster parents (if any) of a child and any
preadoptive parent or relative providing care for the child are provided with notice of, and an opportunity to be heard in, any review or hearing to be held with respect to the child, except that this subparagraph shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing
solely on the basis of such notice and opportunity to be heard.

I doubt they ask you if you think the kids should be returned. They would more likely ask questions that would lead to or away (depending on which attorney) from that conclusion.

Being supportive of RU doesn't mean agreeing with it. It means not getting in the way of it by thwarting the parents' efforts. That is, we can't discourage them from working their plans, we can't alienate the children by bad-mouthing them (although nonjudgmental truth may be called for at times and one should never lie to the kids, either), we can't file false reports on them, we can't withhold the kids from visitation when it's ordered, etc.

Good luck!

[straightblues]

Originally Posted by Kristin7

And to Straightblues....am I really the one that is supposed to prove the parent unfit? Is that what my position is? I"m asking this because I thought that is what the state should be doing...not the foster parent. Yes....i have lots of information that shows her inablity to parent.

If i am asked if i think the girl should be returned? Do I answer NO or should I say YES....but only if bio is healthy? what sounds better?

Well your job as a witness is to just state facts. The lawyer will ask you questions when answered by you prove their case. Prior to the hearing, you need to talk with the county attorneys and and the childs attoney so you know where they are headed so your answers will better support thier case. They may say something like, we need to prove the bio mom doesn't come to visits, or that there is no bond between mom and child, or mom is still on drugs. That way when you provide your answers you will make them so they support these goals.

For example, if the lawers are trying to prove the wall is white, when asked about the wall you would say definitively that yes the wall is white it has always been white. If you aren't prepared for the question and you don't know what they are trying to prove, you might start answering: well it is lighter than yellow, it isn't tan, it isn't pink so it must be white. As you can see, the second answer is obviously wishy-washy and would lead everyone to believe that the wall might not truely be white. The color on the wall hasn't changed but peoples perceptions of what the color is has changed because you presented a much weaker answer.

Things you will likely testify is about visits, phone calls, how the children act after visits, drug use, how long your sister has been out of control, and stuff like that. You just need to understand what proof the lawyers need and what is important and you will do a great job.

[TBearsAunt]

If you are subpoenaed by the gal, he should go over with you the questions he is going to ask along with questions counsel bio parents will probably ask.