[amy_b]

Hi there,

Can anyone tell me what the process of TPR is like? We have a little one who is 21 months old, has been in care since birth, and her goal has been changed to adoption. Court hearing is August 27th and the CW is going to ask the judge for TPR. How long does the judge review the case before TPR is granted typically? Do the bparents have to be present? Bmom has not had any contact with the agency of with L since May 28th and they are not sure where she is.....Bdad has not had any contact in much longer and his wherabouts are also unknown. They have asked us if we would be willing to adopt and we have said yes.....I guess I am just wondering how this whole thing works......?

[Boulderbabe]

Originally Posted by amy_b

Hi there,

Can anyone tell me what the process of TPR is like?

Hi Amy,

It varies a little from system to system, but here's the basic procedure: once DSS asks the court for TPR, a TPR trial or hearing will be set. (This can take a while, depending on how badly the court's docket is backlogged. For us, it took six months from DSS's request to the actual hearing). At the hearing, the judge will review the parents' treatment plan and hear testimony about how well they have complied with it. At my son's father's trial, the SW, the addiction counselor, the halfway house supervisor, and the psychologist all testified.

At the conclusion of testimony, the court will rule. Then the bparents have a certain amount of time, usually about 30 days, to file an appeal. If no appeal is filed, TPR is granted and you may file a petition for adoption.

In your case, given the length of time that the child has been in care and the fact that the bparents are MIA, there shouldn't be any problems heading for TPR. But you never know---courts are quirky and weird things happen. Hold tight while things work themselves out!

[afamilythroughfoster]

Our court date was rescheduled twice due to scheduling conflicts for different players and relatives came out of the woodwork at the last minute. That had us on pins and needles but the relatives ended up dropping out at the last minute. But when the day finally came...well, it's amazing how much 30minutes changed our life.
We were present, CW, and A's lawyer (whom I didn't know he had but he did a good job!). Both birthparents were present and they voluntarily TPR'd. The judge gave them a lecture about responsibility and not seeing them again in his courtroom.

[allforone]

With our first one we went to court for an order to show cause and birthmom had dissappeared. They changed the goal from ru to TPR. We then had a hearing scheduled for the pretrial TPR where birthmom came out of her hiding. So they rescheduled it because of her needing a new lawyer (her first one quit). We then had our pretrial a few weeks later and they scheduled an arbitration lawyer to work between birthmom and state. That went no where and was a waste of time. After his paper work went to the Judge we had another hearing and scheduled the TPR trial. It was scheduled three months out. I thought I was going to go crazy. Anyway when it came to the trial well that was cake. birthmom did not have a leg to stand on for her defence and they TPR'd after the state put on their evidence to use against her with our other kiddo. It took a total of 45 minutes. With the bf that was different. He had no involvment with anything and the state because a paternatiy test was done had to locate him and try to bring him in to court and TPR him. They could not serve get him served. We had a good lawyer and we were able to locate him that morning and the judge allowed us to have him be seen as soon as he showed up. He relinquished without even blinking an eye. The adoption was completed a month later.
With our other kiddo it was a bit different. The bf relinquished at pretrail. birthmom when it came time did not even bother to show for TPR trial. She came close to getting her second chance with him. She had a great lawyer who was willing to go to bat for her but she chose to just walk away. The judge had stated that if she had shown up it would have had made a huge difference. But since she had not the only conculsion he could come to was that she had reverted back to her old ways. They put on a full TPR trial where we had to testify. It took 3 hours for the trial and the end result was the same. Our second one took from the time of the review hearing to the end it was about 3 months. The adoption took 4 months after that.
Alot can happen a long the way to TPR. With the birth parents MIA it will probably be easier but who knows every one is unique.
My thoughts are with you and your child.

[greenrobin]

Although I suppose the judge can grant TPR any time with cause, my guess is that this is a hearing to set the hearing.

With our kids, the state attempted to change the goal to concurrent in March, but the judge continued status quo--the GAL wasn't even in the court that day. We went back to court in June and the judge allowed the change of goal to termination/adoption. He then set the trial for the end of September.

In the kids' home county, TPR is done by jury trial. The sw said it could take 3 days to conclude. We could be called to testify about things our boy has told us, maybe not. Other than that, we're just there to watch and wait so that the judge can see us.

I'm with you. As we inch closer to the date, my stomach is starting the get all bumpy whenever I think about it. Add that they've just reinstated visits to start this week, and it makes for a very interesting time!

[sethsmommy]

On the termination train or rollercoaster, I should say, with you!

We have the full hearing scheduled in November but I know they have had other hearings that proceeded this. We got the boys in May.

As Boulderbabe said, you just have to hang on and see what happens. I think there is really no way to predict any outcome. Just brace yourself for the mom appearing or a family member...it is amazing how these people show up at the last minute...ugh..

It is not over until the judge sings!! lol......


I really wish the best for this baby and you guys!


Please keep us posted.

edited to add... that I meant ugh on the unfit family members...not the ones who truely are there to be a stable home....ahhhh

[amy_b]

Thank you all so much for the information! What a crazy ride. I am soooo glad to have some people who understand to wait this out with!

[MassachusettsMom]

For our former FS: His goal was changed to adoption and the TPR trial was scheduled for four months later. But then the trial was postponed three months, postponed another six weeks, and then took another three months once it started. Over the three months of trial, there was an hour or two of testimony here and there, and then finally three straight days of testimony. Social workers, parent aids, birthparents and us (pre-adoptive foster parents) all testified. Almost exactly a year after our FS's goal was changed to adoption, and after more than seven months of delays, DCF lost the trial and the judge ordered a RU within two weeks.

To say it was a rollercoaster is an understatement! Good luck!!