[sgtfirstwife]

We have a baby that we have had since birth and he has an older brother that is in another foster home and has been since he was six months old. He will be moving to our house soon.

My question is this, they are telling me that the baby is having a trial, while the older child is still on the ru route, though we are helping this changes. My question is what happens in a trial? Could they decide to leave him with us?

Thanks for any help.

[MassachusettsMom]

We were told that DCF (in MA, at least) doesn't like to TPR one child at a time. Although there are cases where one child is RUed (or left in a birth home) and another child is TPRed, we were told that it is usually in cases where the child that is being TPRed has special needs that the birthfamily can't meet.

If that is NOT the case with your situation, I would ask LOTS of questions and speak with the DCF lawyer handling the case about how strong the TPR case really is for your foster child. At the least, it may be difficult for DCF to prove that the birthparents are fit enough to care for one child, but not another.

Also, if you have had the baby for a while, as about having a bonding study done.

[Sam-N-Tony]

Been there, my fson has a concurrent goal, he had a sibling born last year, who is on her own caseplan. The parents requested a trial as to the charges, to see if they could get her (she was taken from the hospital into care, because of an ongoing case and children already in foster care). It would have been possible for them to get her and not the other kids, but they have a extensive history with the state so they determined her to stay in foster care.

More than likely, he will remain in your care, because they have a child already in foster care. The trial's sole purpose is to determine if the child is in need of care and the parents are negligent. If the Judge determines that he/she is to stay in care, they will a caseplan done, more than likely for r/u, as this is their current goal with your child.