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  #1  
Old 03-26-2008, 10:46 AM
MassachusettsMom MassachusettsMom is offline
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Attorney not supportive of adoption

We're pre-adoptive foster parents of a 15-month-old and are scheduled to go to TPR trial in 3 weeks (after multiple postponements). Our foster son has a new court appointed atty that we just met yesterday. The previous atty was fully supportive and planning to advocate for adoption at the trial. (She was removed b/c she was also representing our FS's older 1/2 sister who wants to be reunified.)

The new atty came to our house, knew nothing about the case, wanted to hear nothing about our FS and announced that he didn't trust DSS, doesn't believe that children this young should be TPRed and isn't planning to advocate for adoption. He then advised that we should watch the movie "August Rain" that is apparently about a 10-year-old who refuses to be adopted and is eventually reunited with his BPs.

We've already been told that the TPR case is weak, but the DSS atty is planning to go to trial anyway (or may end up postponing.) I feel like this may be the final nail in the coffin of our hopes of adopting this child. But that issue aside, I'm still horrified that this atty is going to be representing our FS for as long as he's involved in the system.

I'm planning to speak with the DSS atty and our FS adoption worker about the meeting with the court appointed atty. I don't want to come across as a psycho foster mom, so wanted to reality-check with you guys... does the atty seem a bit out of line? Has anyone ever advocated and gotten a new atty for their foster child? Who does one even speak to that about? (The adoption worker said she has no control over it.)
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  #2  
Old 03-26-2008, 10:58 AM
stevenstwin stevenstwin is offline
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I think this sounds VERY unprofessional! He has a set of personal beliefs that he is applying to this case without even bothering to consider the facts. This sounds like a man that would push for reunification in ALL cases. Definitely a bias. Heck, if he was a potential juror for a course case, he'd be dismissed because his mind is already made up. I think this is extremely inappropriate and you need to document his comments as accurately as you can and report...but I'm not sure to whom.
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  #3  
Old 03-26-2008, 11:58 AM
mom2behappy mom2behappy is offline
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send a letter

Send a letter to the judge and cc all attorneys including the new attorney, explain in detail what the attorney said to you just as you did in your post. and also tell the judge that you feel that this attorney already has his mind set even without much info on your particular case and do not believe that he can be partial in your fostersons case remember he is the appointed attorney but you are your fostersons first and most important advocate. you have to speak up even @ the risk of upsetting this attorney. the case has obviously been going on for a while so the judge has all the information about the case and the childs care in your home already so don't worry about anyone trying to remove the child because you spoke up you have a right to speak on your fostersons behalf excersice it to the fullest. send this letter prior to court so that it may be discussed at the next court date.
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  #4  
Old 03-26-2008, 12:02 PM
tvs4 tvs4 is offline
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Try this link:

Massachusetts Society for the Prevention of Cruelty to Children: MAFF

Someone might know who you can talk to about this issue and guide you to in state resources.
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  #5  
Old 03-26-2008, 12:05 PM
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Quote:
Originally Posted by MassachusettsMom
He then advised that we should watch the movie "August Rain" that is apparently about a 10-year-old who refuses to be adopted and is eventually reunited with his BPs.

You're kidding?!! Does he have a law degree or did he get his ideas about what law should be by watching movies, too? I would definately mention everything he said to the CW AND in court.
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Princess Hanna, 2

Current foster placements:
"Brandon"- 15 month old cutie patootie. Goal: Concurrent planning
"Georgia" - 4 year old darling. Not moving! *staying with me! Goal: Reunification in July or August

Former foster placements:
"Angel"- 3 months old -moved 10/05 to relative
"Cara"-23 months old -moved 1/2/08 to adoptive home and doing great
"Darlene"- 4 years old-moved 1/2/08 to adoptive home and doing great
"Erica"- 9 months old -moved 4/16/08 to Godmother
"Faith" - 20 month old -moved 4/25 to be with a sibling
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  #6  
Old 03-26-2008, 12:24 PM
Sam-N-Tony Sam-N-Tony is offline
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I agree with the other posters, right a letter to the Judge and cc everbody under the sun. I would even go as far as writing a letter to the MA bar (not the drinking one, HA!) about his unproffessionalism.
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  #7  
Old 03-26-2008, 12:48 PM
jbee jbee is offline
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sounds like a nut...
our son's attny. always was supportive of us, it was in his best interest! who gives a rip if he thinks all kids that young shouldn't be tpr'd...what about YOUR specific case?
what a butthead (does that make me sound like psyco foster mom,lol)
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  #8  
Old 03-26-2008, 01:42 PM
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onhazier onhazier is offline
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Does your son have a GAL? If so, communicate this to the GAL immediately. The GAL is there to advocate for your son and what is in HIS best interests. Also, communicate this to your son's cw.
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  #9  
Old 03-26-2008, 02:07 PM
Chancey Chancey is offline
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I also support the thought of going to MA State Bar. There should be a complaint section that you can go register a complaint in regards to ethics on this case. I would word it like "the attorney is very obvisouly imposing his personal bias on all children's cases no matter of the facts."
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  #10  
Old 03-26-2008, 03:36 PM
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Kat-L Kat-L is online now
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Quote:
Originally Posted by Chancey
I also support the thought of going to MA State Bar. There should be a complaint section that you can go register a complaint in regards to ethics on this case. "

I agree with Chancey & Sam-N-Tony. Any attorney that recommends a foster parent watch a FICTIONAL movie for enlightment into the world of foster/adopt doesn't deserve the opportunity to practice law.

Someone needs to tell that moron that "August Rush" was a fictional movie and has no relevance whatsoever to ACTUAL FOSTER CARE and/or ADOPTION.
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Mommy to
Princess Maire-Kate, 9
Princess Hanna, 2

Current foster placements:
"Brandon"- 15 month old cutie patootie. Goal: Concurrent planning
"Georgia" - 4 year old darling. Not moving! *staying with me! Goal: Reunification in July or August

Former foster placements:
"Angel"- 3 months old -moved 10/05 to relative
"Cara"-23 months old -moved 1/2/08 to adoptive home and doing great
"Darlene"- 4 years old-moved 1/2/08 to adoptive home and doing great
"Erica"- 9 months old -moved 4/16/08 to Godmother
"Faith" - 20 month old -moved 4/25 to be with a sibling
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  #11  
Old 03-26-2008, 04:52 PM
MassachusettsMom MassachusettsMom is offline
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Thanks

Thanks for the suggestions. I have a call into the DSS atty and we have a meeting with our FS's social worker tomorrow. I'll draft something and let them know what I'm planning to do. Any idea what the likelihood is of our FS getting a new atty in three weeks? Or are they likely to discuss it at the trial and postpone again? (Either option is ok with us at this point.)
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  #12  
Old 03-26-2008, 09:49 PM
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xxsurroundedbyxy xxsurroundedbyxy is offline
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Tell the attorney that if this child's biomom is Kerri Russell then you will reconsider adopting him and advocate for reunification yourself. HeeHee. Ok, it's really not funny but it is so absurd that he told you to watch a movie to figure out what is best for this child that you have lived with DAILY for months!

I agree with everyone above and the silver lining is that you really have nothing to lose at this point if you tick some people off because things were going in the gutter as is. So you don't have to worry about stepping on people's toes and just put your FS and your desires FIRST!!

I see a postponement in your future.

Kim
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  #13  
Old 03-27-2008, 05:42 AM
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Kat-L Kat-L is online now
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Quote:
Originally Posted by MassachusettsMom
Thanks for the suggestions. I have a call into the DSS atty and we have a meeting with our FS's social worker tomorrow. I'll draft something and let them know what I'm planning to do. Any idea what the likelihood is of our FS getting a new atty in three weeks? Or are they likely to discuss it at the trial and postpone again? (Either option is ok with us at this point.)

Your baby's cw should request a new attorney to be assigned ASAP.
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Mommy to
Princess Maire-Kate, 9
Princess Hanna, 2

Current foster placements:
"Brandon"- 15 month old cutie patootie. Goal: Concurrent planning
"Georgia" - 4 year old darling. Not moving! *staying with me! Goal: Reunification in July or August

Former foster placements:
"Angel"- 3 months old -moved 10/05 to relative
"Cara"-23 months old -moved 1/2/08 to adoptive home and doing great
"Darlene"- 4 years old-moved 1/2/08 to adoptive home and doing great
"Erica"- 9 months old -moved 4/16/08 to Godmother
"Faith" - 20 month old -moved 4/25 to be with a sibling
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  #14  
Old 03-27-2008, 05:13 PM
MassachusettsMom MassachusettsMom is offline
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Update

Thanks for the suggestions. Our FS's adoption worker is going to try to get a new atty for our FS. I'm going to give her a week and then start sending letters... It feels much better to be doing something than nothing!
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  #15  
Old 03-27-2008, 07:33 PM
bethy724 bethy724 is offline
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My mouth is still hanging wide open - I can't believe the atty??!!!. Even if you are assigned a new atty I'd absolutly write to EVERYONE on earth about him/her-definatly his/her supervisor & the MA Bar-no other foster child should be assigned such incompetance. Please consider reporting him/her-it may save foster children in the future-even if you are lucky enough to be rid of the idiot!!!
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