[Kristin7]

The other day I got the nerve up to call the head of DCFS to discuss my situation with foster care and the length of my girls' case.

He told me a few things that I did not know and I wonder if it is true across the board or sometimes or never. Need you folks thoughts.

DCFS man said that once the tpr papers are filed with the courts that any efforts on the part of bios after that date...really aren't addressed/considered in the TPR hearing. DCFS man says that they give bios enough time prior to filing tpr to show interest/efforts and that if nothing happens in that time and tpr is filed in court...that efforts after arne't addressed. Interesting.

Another thing.....man said that if TPR happens on one parent..that it almost always happens on the second parent too.....

Thoughts.....experiences????

Thanks
K.

[Happy123]

The same thing happened in our case. The judge told the BPs good progress on making their lives better, but...a little to late when it comes to the kids. They granted TPR, BPs contested, and lost. I am not sure what happens in every state, but that was our experience. I think a lot depends on the judge and the SWs.
Happy123

[chevyjewel]

I too have heard that once the intent to TPR court documents are filed that it no longer matters what subsequent attempts are made by the parents. From that point on it's a moot point.

Not to state the obvious but I'm sure on your second point that applies only if the parents are together (married/living together unwilling to separate sort of situation). I don't think it would hold true if mom and dad no longer are in a relationship.

Hopefully others will have more insight for you.

[greenrobin]

We're awaiting TPR trial by jury in January, so this post makes me wonder--are you talking about the day the trial is put on the docket or are you talking about after the trial begins?

And thanks for the info--I didn't know either.

[Biblemom]

For us they plan to do both parents at the same time even though they are not in a relationship. Per my SW it saves their/the attorney/the court's time and money to do both at once whenever possible. One parent is volunatary and the other will be involuntary TPR.

[lakin11]

In our county (and I think it goes statewide), the parents have until TPR is finalized to do whatever services offered. The bio mom of our 3 yr old did NOTHING at all on her case plan until 5-6 months after TPR was filed....TPR was denied after 3 days of trial. So for us, the fact she did nothing prior to the filing to TPR did not matter.

As for both parents being TPR.......seems to be case by case here. But they can, have, and will TPR on only one bio here in several cases I know of.

[Kat-L]

I live in Maryland. The CW told me that once TPR is filed- the trial is scheduled for up to 6 months later. If the parents make significant progress in the months before the trial and are doing well enough to regain custody, they will reunify instead of doing TPR. But if the parent hasn't done enough to actually get custody, they don't extend the case plan and start offering services again. They just go forward with the TPR.

Once TPR is filed, there are no more services offered to the family. If a parent hasn't been able to complete their case plan WITH the help and services offered by CPS, it's doubtful that they will be able to complete the caseplan on their own before the TPR trial.

Also, they TPR both parents at the same time. Otherwise, the parent with custody can't collect child support from the parent without custody.

[jp4ga]

Where I live the judge is an idiot. He always lets the bp's contest the TPR. Many children in the county have had 3-4 TPR hearings, and have been in the system 3 or more years before they are finally released for adoption. The sad thing is the bp's know this, and don't work case plans until a week or so before the hearing. Then the judge gives them another 6-8 months, they do nothing agian until a few weeks before the next hearing. It is an endless cycle. The FP's in this area are trying to get a new judge elected that will put children first.

YES- BP's need time to work the case plan, but 3 plus years is TOO long. This is one reason I am a "former" foster to adopt parent. Adoptions through foster care almost never happen in our county. The kids are bounced from home to home or age out.

[MassachusettsMom]

Not here!! If BPs contest TPR and the case goes to trial, the trial is usually not scheduled for several weeks or months. And even once a TPR trial starts, it can drag on for months. If BPs start working their service plan during that time, it WILL be considered by the judge at trial. And services are provided by DSS all the way up until TPR is finalized.

We were also told that our judges only consider the "current level of fitness" of the BPs -- which we were told was defined as the most recent 3-6 months. In other words, it doesn't matter what the BPs did or did not do EXCEPT within the most recent 3-6 months at the time of the trial.

In our foster son's case, the BPs had done NOTHING on their service plan until the point that DSS filed for TPR. And even for several months after that. But the BPs contested TPR, the trial was postponed, then dragged out for months, and almost a year after the initial TPR filing, our foster son was court-ordered RUed.

I'd advise not to believe anything until the ink is dried on the TPR finalization paperwork.

[lakin11]

Originally Posted by MassachusettsMom

Not here!! If BPs contest TPR and the case goes to trial, the trial is usually not scheduled for several weeks or months. And even once a TPR trial starts, it can drag on for months. If BPs start working their service plan during that time, it WILL be considered by the judge at trial. And services are provided by DSS all the way up until TPR is finalized.

We were also told that our judges only consider the "current level of fitness" of the BPs -- which we were told was defined as the most recent 3-6 months. In other words, it doesn't matter what the BPs did or did not do EXCEPT within the most recent 3-6 months at the time of the trial.

In our foster son's case, the BPs had done NOTHING on their service plan until the point that DSS filed for TPR. And even for several months after that. But the BPs contested TPR, the trial was postponed, then dragged out for months, and almost a year after the initial TPR filing, our foster son was court-ordered RUed.

I'd advise not to believe anything until the ink is dried on the TPR finalization paperwork.

Mass Mom.....this is just about like us! Only FD is still in our home.....for now. We still have concerns, stuff still not done 2+ years later, but it seems that doesn't matter.

[Boulderbabe]

That's generally true here. Stuff done between TPR filing and the trial might count if the case is really, really close.....but generally, they never are that close. The few feeble things the bparents might do if they've done nothing before just are too little, too late.

Here, they only TPR both parents.

[mom2behappy]

The judge looks at the 6 months immediately prior to the filing of the tpr. so if i file dec 08 the period the judge considers is from 6/08 to 12/08 for abandonment and the 12 months for neglect. both parents are terminated together

[tlmerrie]

This is how it works in Tennessee in my experience. It starts the moment that TPR is filed with the court. This is what our lawyer told us back when.

Amy

[Kristin7]

Thanks everyone for your responses. I appreciate the information.

It has taken our case 2years to get to the filing point of TPR....and now another 10 months to get to the actual hearing for mom. Dad was tpr'd several weeks back...but due to some paperwork...mom's is now scheduled in a few weeks time.

So by the time the TPR is addressed...the girls will have been in state care for 34 months...one of them since birth.

We all need this to be resolved.

[guppygirl]

Kristin7,

What state are you from? I am from Georgia. I cannot believe that it's taking that long for a tpr!