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#1
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I think it's time for an attorney...need advice
Here's the basic run down of our case.
I brought Bubba home Jan 2006, Sissy in Sept 2006. Their bmom relinquished in Apr 2008 and I'm told today that I should have a referral to the adoption unit by March 2009! I'd so love to call the governor and ask why exactly it takes 11 months from when children are legally freed to be even referred to the adoption unit when there's no need to find an adoptive home. I'd love to call the news media here and speak to them about it, but I can't because of confidentiality laws. I just want my kids to be legally mine. My fs has been a foster child for 37 of the 40 months of his life. My fd has been a foster child all 28 months of her life. These children have been legally free for 8 months and I'm done! We go to court again March 3rd and the case worker called me tonight and told me that he hopes to get us referred to the adoption unit right around then. What are my options? Should I hire an attorney? How much does it cost? How do I go about finding an attorney that does the foster system? Should I use the same attorney that finalized the adoption of my oldest?
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Finally, just a mom |
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#2
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It is pitiful if it takes that long to get kids adoption when they are already legally free and in a permanent home already.
And I say contact the governor, he gets lots of calls from other people who complain for the hell of it! I say the future of kids are one of the top priorities. Good luck with your kids! (Sent PM also.)
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Adopting through Foster Care 11/7/08 - Decide to finally pursue adoption 11/18/08 - Attend Orientation - begin local background check 11/19/08 - Registered for Foster/Adoption Classes to begin 1/3/09 end 2/21/09 12/4/08 - Local background check completed 12/7/08 - Fingerprinting taken for FBI background check 11/14/08 - start house search 11/28/08 - submit offer to house 12/5/08 - accept counter offer 12/15/08 - open escrow 12/22/08 - inspections/appraisal |
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#3
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An attorney is going to set you back a couple of thousand dollars right out of the gate. But why don't you file as party to the case yourself? It's called filing "pro se," and it would let you join the case and speak directly to the judge.
Then, in court, you could explain that you've waited nearly a year since TPR to get an adoption date, and ask the court to order DSS to file for adoption. Filing pro se to become party to the case requires making a motion to the court. The exact format varies from state to state. But you might contact your state's Foster Parent Association, tell them what you want to do, and ask if anybody there can help you find the correct forms to file a motion to become party to the case. |
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#4
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Can I ask are they still paying you a foster care payment for these kids each month? To me it seems like they would want to get children who are free for adoption adopted and off the Fostercare payroll.
5 years ago whe they did TPR on my daughter within 1 month they had an adoption worker for her and she was no longer a foster case! We did have to wait the 6 months because we were not the foster family, but we had a court date by the end of the 6th month and it was done. We moved to a new county after that and I am told here it takes forever to get an adoption unit. We have had our lil girl for the last 12 months and should be able to adopt her after the 30 day wait for an appeal, but I am afraid it is going to drag on and on because of where we are. We are going to hire and attorney and I hope that will help to move things along! Good Luck! I hope your lil ones are adopted very soon!!
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LANE~ Husband/Best Friend~ Jeff MOMMY TO : BS~D (15YRS) AD~C (8YRS) adopted 06/2004 FD~"G" 4 days old!When Placed 01-08-08 Plan is ADOPTION BY US (TPR 4-2-09)!!!! ![]() FD~"I"19mths(when Placed) Placed 03/22/08 FD~ "V" 4yrs "I" & "V" are sisters~ Their Plan is ADOPTION BY US(TPR 3-3-09)!!!! Hoping to FINALIZE the ADOPTION of our 3 girls in July 2009!!! Former Foster kids: FS~ "A"16 months : FS~ "E" age 16 months FS~"W" age 6 months FD~"G" 22mts FS~ Lil X-man 7mts FD~ "S" 5mts |
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#5
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Quote:
I already speak to the judge in court. I've just been afraid to speak up for myself. I'm afraid they'll take my kids from me in retaliation.
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Finally, just a mom |
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#6
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Quote:
Yes, I still get my foster payment each month, and because they're foster kids, they are also paying their day care while I'm attending classes at the college.
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Finally, just a mom |
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#7
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I know what that fear is like, Christina. Foster/adopt parents are in such a vulnerable spot! But I do not think that ANYBODY would hold it against you if you pointed out how long these kids have been waiting for permanency, and asked that the process be speeded up.
On the flip side---daycare plus the subsidy must be worth a couple of thousand dollars a month to you. Are you sure you want to push them to end it? If they're willing to shilly-shally and pay for it, and you know the kids are going to stay with you, why not just let them take their own sweet time? |
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#8
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I've been in your shoes, although they were not as open with me about the wait. We were not referred to the Adoption unit until a week before a hearing because DSS knew they could/would be held in contempt of court for not having the children in the process of being adopted 6 months post TPR when they were already with an adoptive family.
Then they didn't move forward on the paperwork, until a week before the next hearing 6 months later for the same reason. Yours is even more upsetting because it is a year before you even get transferred! I don't think that having yourself added to the case would make much of a difference, just because they will probably transfer you just before court anyway. I don't know how hiring a lawyer would help, but a lawyer would know. I know you don't want to rock the boat, but if you want it done faster you will have to do something yourself or esle they will take their time. On the other-side of it, if they are paying for things like daycare, and you know you will be the ones to adopt them eventually it might be best to let it go at its own pace. I know that make sense financially, and I know how much the limbo and the constant worry and waiting hurt too. There are postives to both moving faster and waiting it out. If you need to get it done faster I would hire a lawyer, it will cost more, but I think it would be the best way to get results. If you need the financial help that them being "foster" children entitles you too, it may be best to wait it out, although I really do understand how frustrating and how hurtful that can be to both you and the children. Maybe make a list and see what is feasible for your family, pros and cons of both senerios and do what feels right and makes sense. Call a few lawyers too, it doesn't hurt to make a call and see if they think they can get it moving faster anyway, if they can't help you at least you'll know.
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K |
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#9
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Treading water next to your boat
I'm not quite in the same spot. I'm still waiting for TPR. The is a slam dunk case - if one truely exists. It has been 10 months and the parents still don't have jobs or a place to live, and are not actively pursuing either - yet alone doing anything else on their plans.
My case was to be filed for TRP on 10/10. It will be filed Monday (12/22) because of "vacations". My CW has 37 days of vacation along with 15 sick days, 11 holidays and 5 personal days - that's 68 days. Then you have to add in training and other personal development. Needless to say not too many days where work gets done. I have started to tally the costs the to the county (daycare, stipent, MA, WIC) due to the delays of ineffective/inefficient workflow. It is my intent - as a tax payer, to show up at the county budget meeting after my case is final, and give them an example of where cost savings can occur - if the guidelines and timelines are followed. Daycare alone is costing them $1800/month. |
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#10
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Christina, that is completely unacceptable. Completely. Do they have a GAL or a CASA or a CAP attorney? If so, one of them should file a motion on behalf of the CHILDREN (not you) to get the adoption finalized. If they don't, PM me your number and I will see what I can do to get myself or one of the girls from my office appointed as the CAP for the kids.
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#11
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Nevada Jen,
I don't know you or what you do, but I know one thing: YOU ROCK! I only wish your name were "Colorado Jen." :-) |
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#12
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LOL. I am an adoptive mom first and an attorney second. I am lurking here considering fostering. But in the mean time, I represent kids in fostercare as their attorney, advocating for what THEY want (not what's in their best interest necessarily). Its safer for Christina to have someone file a motion on behalf of the kids than for her to mess with the social worker. Plus, I am free (probably should have mentioned that so I did not look like I was trying to make money with my offer!) Just hollar if you want my help.
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#13
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Jen, I sent you a PM with my number.
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Finally, just a mom |
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#14
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I have had my kids for three years. Our TPR was last February, and they did not refer us to the adoption unit until August. The adoption worker did not give me the 27 page application until November 20th. The county says the hold-up on the referral was due to "funding". I think that it makes sense that it would be cheaper for them to be adopted nstead of keeping them in foster care. However, as it was explained to me, the funding for the adoption comes from a different fund. The fiscal year starts in July, and in February, they had no money left for the year. Of course that does not explain why they took a month to make the referral after the new fiscal year. I contacted the children's attorney, expressing my concerns. He in turn, told the judge that I had written, and the judge asked me to speak in court. The judge made several bench orders, including one for them to file for finalization within 6 months of August 1. So, we finally are making some progress. I have to do some crazy things, like get fingerprinted and take a CPR class, to keep the kids I have had for three years. At this point I'm willing to do just about anything to finish this.
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#15
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We are on the "GRRRRRR" train as well. Our foster children were placed in our home April of 06. We were there 2nd forster home....our fs was 4 when he was removed and his little sister was only 2 months old.
Exactly a yr. after we got them...TPR happened!! We had signed paperwork with the agency a few months before TPR stating that IF TPR happened that we would adopt these precious children that we had ALL grown to love so much. We filed to adopt on 7-09-07. And the adoption worker took until 8-19-08 to get all the sub. agreement paperwork to us for us to sign. He then stated that he would be sending them up to Chicago ASAP....well...on 11-05-08 I attended the ACR to find out he STILL hadn't gotten the paperwork up to Chicago!! HUH??? Then told me he was "almost" done with it and would be sending it up. So...here we sit....STILL WAITING....and of course still have NO IDEA if he's even sent the paperwork up to Chicgo for them to approve. Once Chicago approves it...it comes back to our atty. and he'll get us a court date to FINALLY adopt these 2. This is all just SOOOO insane. We have an atty. BUT he really can't do anything. He's done what he can do, but until the adoption worker sends in what he needs to...EVERYTHING is on hold. I just want this all done!!!
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Cindi 7-21-00 Married Rick Bio Mom to 4... all older and on there own Step Mom to 2... older and on there own 1-31-04 Rontae placed in our arms through domestic adoption 4-18-06 first foster placement N & J 4-18-07 TPR done for N & J 4-28-07 took gaurdianship of our grandson B 7-09-07 filed to adopt N & J waiting for court date to adopt N & J6-04-08 Grandson B went back to live with his mother 8-19-08 Signed the Sub. Agreement Paperwork ![]() 2-19-09 Got the call...We have a court date set to adopt!! 3-06-09 New foster placement (Skippy) 3-20-09 Adoption of N and J Finalized!! 8-28-09 Skippy moved to new foster home to be with his sibs!
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waiting for court date to adopt N & J


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