[Kristin7]

So....bio sis has appealed. She waited until the very last minute to appeal. The cw just now called me. So what happens now?

Does the new court/hearing look at information only prior to the TPR or after?

Will this be overturned?

Thoughts, advice...

K.
Thanks

[Singlemom619]

A CASA I worked with recently said that of over 100 cases (I think she said 200 but now I don't remember) only 2 were overturned.

They look at the case - everything about it.

Just wait it out - I know it's hard - I'm in the same place now waiting out the appeals and the family suddenly saying they're going to apply to adopt... arg.

[onhazier]

How can a bio sister appeal? I thought appeals could only be done by the bio parents.

[mom2behappy]

the op has her bio sisters children in which she is waiting to adopt.

[onhazier]

Ah! Thanks for the clarification. I read her original post as saying that the child's bio-sister submitted the appeal.

[bethy724]

I'm sorry for what you & your nieces are going thru (if they even know-I doubt you told them)

That is very selfish of your sister to continue to stall their permenancy - you'll make it thru - look at the road you've already travelled-stay strong!!!!

[Mummy_Big_Bird]

Oh my gosh!!!!

I am so sorry to hear about the appeal. That just isn't fair for you and the girls.

[snc2007]

I'm so sorry to read your post and see that this will be dragged out even further for your family. I have a little bit of experience with this but I'm not sure if it is handled the same in every state. Our fd's appeal was just answered last week. The tpr decision was upheld. It took 11+ months from the original decision. We had been given a time frame of anywhere from 4 mos. to a year. I was told that the parent has 30 days to file, the state has 30 days to answer, then the parent has 30 days to answer back. It gets sent to the state Supreme Court for a decision or possibly a new trial to be ordered. No new info is allowed, only the same evidence, testimony from the original trial. I was told that it was extremely rare for a tpr to be overturned. But I still worried endlessly and growled when I was told that "transcript errors" were holding things up for 6 months. I would have typed it up myself if I could! But really there is nothing you can do right now but wait.
Good luck to you and your girls.

[Yash]

Originally Posted by Kristin7

So....bio sis has appealed. She waited until the very last minute to appeal. The cw just now called me. So what happens now?

Does the new court/hearing look at information only prior to the TPR or after?

Will this be overturned?

Thoughts, advice...

K.
Thanks

I'm so sorry you and the girls are having to deal with this nightmare.

I was told the appeal means they review everything that happened throughout the whole case and make a decision from there. I was also told very rarely are TPRs ever overturned.

Once again I'm so sorry and my thoughts and prayers are with you.

[CaddoRose]

I'm so sorry this is happening. Sometimes they just can't do what is best for the children.It's all about her instead.

[ranoutofnames]

My first child's bio also appealed. What I was told is that their actions after the trial are a moot point. The appeals court is looking at the transcript of the trial, reviewing the view point of the party appealing, reading the view point of the party wanting the decision upheld. Each side will site other prior court cases that attempt to support their view. The appeals court then decides whether the lower court had made an appropriate decision with the facts presented. There isn't an opportunity to present new or different evidence during the appeal.

If they loose the appeal then they can try to get your state's Supreme Court to hear the case, but your sister will have to pay for her own attorney (the state won't provide one for her for Supreme Court cases) and that attorney would need to get a certain number of Court Justices to sign off to hear the case. In my state our Supreme Court has NEVER accepted an appeal of TPR, but I don't know about your state... I doubt it.