[kxl164]

The state law says that the birthparents do NOT have to be present at TPR for it to happen, as long as it can be proven that they received proper notification, so what counts as proper notification?


We have a case here where TPR was given and the appeal time started, but the birthparents did not attend the court hearing.

Then the appeal time was extended because the birthparents (even though they had prior notification of the hearing through the previous court hearing) were not served notification properly (were not handed the summons) just before the TPR hearing. They wanted to be sure they gave them notification and therefore extended the time.

The lawyers, for the birthparents, were at the court hearing and it was documented that the birthparents already had prior notice of court and they knew it would be for TPR. The issues regarding the summons and how it was delivered was not known until after the TPR hearing.

So now there is the issue of whether or not the issues with notification would threaten the adoption by the foster parents.

We just received word that the case has been transferred to the adoption unit, but now don't know whether to move forward or not because what if something wasn't done right and the birthparents try to fight it later and get the adoption overturned?

Is it time to get a lawyer?

Could a lawyer for foster parents ensure that things are done properly post-TPR given notification issues?

If the lawyers for the birthparents were at court does that count as their interests being represented?

Any advice for a case like this?

[momagain5]

hi,
in our case the first tpr hearing ,it was stated the dss lawyer dint send the notification to bparents at the time she should have,so it was extended,so back to court agin,then tpr was done on bfather,who did not show up,but his lawyer did.bmom,signed relinquishment right before the case was heard.so it may delay it a bit,but tpr will probably still happen.good luck.

[kxl164]

TPR was already granted, the issues with notification didn't come to light until after the TPR hearing. Prior notification had been given and the lawyers (DSS lawyer, GAL, birthparents lawyers) could testify to that, but the summons which was supposed to be personally delivered to the birthparents as a formal version of notification wasn't, it was delivered another way which where my question is....

Is this faulty delivery of formal notification enough to overturn an adoption and/or make TPR invalid on a technicality?

Or was the prior notification, faulty delivery (but delivery none-the-less), presence of the birthparents lawyers, and post-TPR notification enough to make it a non-issue?

[kxl164]

We just got the OK from the county lawyer (and judge) to go ahead with the Adoption!

Given the circumstances of the case: the lack of contact and the validity of the addresses, the method of notification will not be cause for an adoption to be turned over!

So we are moving forward w/o worry!

[TAC]

What craziness you have been through...but now congrats on such wonderful news...wishing you the best with you new family

Pat