[KelleyF]

The ASFA seems like a great concept, but do any judges or cw's take this seriously? My fs has been with us for 16 months, and we have court next week. The case worker hasn't mentioned anything about TPR at all, even though there are some serious concerns for my fs's safety. I can't believe she's never mentioned a word about it, and according to this new law, after 15 consecutive months in care, the ASFA should be kicking in. I'm just wondering if the Adoption and Safe Families Act is taken seriously? Has anyone benifited from this?

[lakin11]

Ha! NO!
Case one 40 months and counting
Case two 34 months and counting

I know in some cases it is taken seriously. In our particular cases......it has not been.

[lovemy6]

No, ASFA is treated as a hopeful guideline instead of a LAW, which it is!

[laceyc]

Have you talked to the caseworker about it?

[DannieAS]

some places take it more seriously than others. Our county is stringent on the timelines and TPR if there hasn't been enough progress on caseplan...

typical timeline 6mo for 0-4 y/o to see if any progress has been made...if some progress...tack on another 6 mo, if not...change of goal to TPR.

12 mo for school age....

Best of luck...I know it varies from place to place

[KelleyF]

I spoke to her today about it and she just shrugged it off and said no, that doesn't apply to this case because the mom is special needs. I put a call into the GAL but he's totally useless. He gets all of his info from the cw and does no work of his own on the case. I've called him with concerns and he's clueless. I've been asking to meet with him for over a year now and he's never met us or our fs. Heck of an advocate!!??

[DreamingAzure]

Originally Posted by KelleyF

I've been asking to meet with him for over a year now and he's never met us or our fs. Heck of an advocate!!??

WOW...I would calling and talking to the CASA supervisor and asking for another CASA worker!!! That's completely unacceptable!!

[4cats2kids]

I my case Goal on 3 year old turned from RU to RU/adoption and placed with us. @ 6 months in care. TRP @ 13 months. Adoption will be final @ 18 months 3 days in custody.

[Hadley2]

ASFA requires social services to file a petition for termination of parental rights--I guess it amounts to a request for trial. The act does not apply in any way to courts or judges, only to social services. Parents' circumstances are nowhere specifically mentioned in the act but there are exceptions allowed at the discretion of the state--mainly to facilitate "return" to a nonoffending, noncustodial parent. The act does not require the court to hold a termination trial or to terminate parental rights. Some social services agencies take it seriously, some do not.

[sadoyle1216]

ASFA also has provisions within the law that permit agencies to not file for TPR if they have good cause. When I worked in residential treatment (all the kids were there under a PINS petition, thus considered wards of the state), the social work staff would provide the court with documentation as to why termination was not in the child's best interest at the 15 month mark and every 6 months there after. We had some kids that had been there for years, but the family of origin issues and mental health issues were severe enough to warrant longer term treatment.

[KelleyF]

My fs has a GAL because CASA is not allowed to get involved in this case due to the face that the biomom was a fc and CASA represented her. They say it's a conflict of interest. Believe me, I've tried.

[DreamingAzure]

Originally Posted by KelleyF

My fs has a GAL because CASA is not allowed to get involved in this case due to the face that the biomom was a fc and CASA represented her. They say it's a conflict of interest. Believe me, I've tried.

That's just STUPID...lol that's like saying that you can't sue your OB/GYN for removing the wrong ovary during surgery because your mom also had surgery at that hospital...As long as it's not the same CASA worker it shouldn't matter.

Can you call the GAL's supervisor then? How frustrating!

[KelleyF]

Well I called the GAL again and told him we needed to meet ASAP because the court is May 5th. He actually agreed and came to my house on Friday. When I asked questions about the adoption and safe families act he told me he didn't know much about that law. WHAT?? he's supposed to be his advocate but doesn't know anything about it??!! This system is so crazy!! No wonder DCYF hired him, he just goes along with whatever they say.

[millie58]

I think it depends on the situation. L, my 11 yo, who I got at 6, was originally determined to be RU. but when bio mom had contact with bio dad, the case went to TPR. I had a 14 yo who had been in foster son who had been in care since he was 10. He also had 2 sisters also in care. DSS wouldn't terminate bio mom's rights because her only issue was housing and DSS wouldn't terminate her rights because it's the law. All 3 were RU and it's a mess.

[MassachusettsMom]

Originally Posted by KelleyF

I asked questions about the adoption and safe families act he told me he didn't know much about that law. WHAT??

I am endlessly surprised how little the folks who are supposed to advocate for our kids actually know about the laws that relate to child welfare. Document everything. Good luck!