[lilboo2326]

So TPR for our FD is on Monday. CW are pretty positive it is going to go smoothly. If all does we were told we could finalize on NATIONAL ADOPTION DAY!!!!!!!!!!!!!!!! Ok I'm not getting my hopes up too high because I'm sure mom is going to appeal and drag it out, but hey I can pray right!!!!

I have question though, if mom does appeal, why would it take another 6 months-to a year to drag out? What are they actually looking for? I was told that there has never been a successful appeal overturned in my state so I should be worried. I just want to know what takes so long.

1. BTW did I mention I am soooooo EXCITED

[Longing2bMom]

I don't have any firsthand experience, but I was told in my fost/adopt class that the parents can only win on appeal if they can prove that somewhere during the process their rights were violated. In other words, if they weren't given the services they were entitled to or the court hearings that were required. We were told that they could not win an appeal based on an improvement in their situation or their parenting ability because their time to prove fitness as a parent passed at TPR. Even if they suddenly became "parents of the year" it wouldn't matter because an appeal is only about proving that the process up until TPR had not violated their rights not about how good of parents they can or cannot be. The social worker leading the class stated that in her 27 years of experience, she had never seen a TPR overturned on appeal.

I'm in California, but I've heard people from other states say their appeals worked pretty much the same way. I'm guessing that it takes so long only because of how backed up the court systems are.

Good luck on your finalization! I hope you make it for National Adoptions Day!

[alex9179]

As Longing2bmom said, it has to do with the backlog of cases that need to be heard. There are also several steps on the way to the actual hearing that each have time limits, which can increase how long it takes. Lawyers file for extensions, or file for verbal arguments that need to be ok'd or denied.

You may still adopt on NAD, but it might not be this year. Hopefully you won't have to wait that long, and I wish you the best.

[Sdirector]

Appeals have to be based upon a matter of law, or an error in interpretation of the law. No new evidence, as a rule, can be presented at them.

[lilboo2326]

So mom and dad are both in jail and the caseworkers have done all the searching of family and none are suitable to take any child. If there is nothing that the mom's lawyer has that can show that it was unfair to her. Will it still take a long time? How fast can an appeal actually go?

[greenrobin]

I don't know about your state, but I can tell you how it went here in TX for us.

TPR was March 2, 2009. Everyone said we'd probably be finalized before the end of July if mom did not appeal.

Then we had to wait the 30 days to let the window close for the filing of the appeal. And close it did without a filing. The goodbye visit with grandparents was March 20. Mom was in jail and didn't get one.

Then we had to wait 90 days after the TPR for the kids to be considered legally free. That brought us to June 2.

At that time the agency and the DFPS decided it was time to roll the case to the adoption unit. That's when the homestudy update was done. Then they transferred the file to the adoption side on the state's end.

Then we had to wait for the health history to be taken and case files to be redacted. Then we had to read them.

And we had to get physicals done for the kids. And have a will made for us. And we nearly had to have new psych evals on both kids, but they waived that.

Then our attorney had to get copies of apparently every paper in the state of Texas before he could begin working on our file. But he got it finished in July and sent it to the court to get a date. It arrived in August.

We will finalize on Thursday, September 24. So, it will be a total of 6 months and 2 weeks. And that was pretty rapid apparently.

It wouldn't be impossible for you to make it to National Adoption Day. It just might take a little longer.

Here's the thing, though--they'll be just as much your children regardless of the date.

Good luck. I wish you the best of luck.

[Kristin7]

Hi. I agree with those that have said that the appeal has to have merit...has to have a reason to appeal...not just because the parents dont agree.

The bios(my sister and dud) in my story...were TPR'd October 2008 for the dud and December 2008 for mom. Mom appealed early January...and the appeal wasn't determined/denied until July 21, 2009. Goal was officially changed to adoption at court on July 22 09. Now the waiting game is for when adoption will be finalized. I've been told that our agency is very backed up and that adoption will not take place before March of 2010.....IF then.

The baby i brought home from the hospital the day after she was born, will be four years old when she adopted...and the older girls will be 10 and 12.

Its been a long time coming....but this waiting game isnt' near as bad as the waiting game for the TPR/appeal process.

Take care of yourself and don't worry. Things will work out the way they are meant to.

[alex9179]

It really depends on your appeal district. I've been researching and the shortest time for an appeal decision, in the 10th in Texas, was 7 months. The court determined that the appeal was moot, meaning there wasn't grounds.
That is a long time to determine that there isn't a reason for the appeal.
I haven't found an appeal dealing with DFPS that was overturned, but the majority take close to a year to reach that decision. It's not like it's filed in it's entirety and decided upon. The appeal is lodged with whatever grounds the attorney feels applies. Info is logged, fees are paid, notifications take place, motions are filed, motions are disposed, motions for extensions, motions disposed (often more than once), orders, appearances, letters, then the brief or oral argument is taken into account. Each has a time period allotted and that time is taken to it's fullest.

This process is necessary in case someone's rights have been compromised. You wouldn't want a shortcut if YOU were in the hotseat, so it's only fair to give the appellant their due process.

I know it's crud when you just want to end the madness, but this system has to attempt to work for everyone. None of us can explain why things work out the way they do, but a lot of us feel there must be a reason out there somewhere.