[RNFosterMom]

Hi Everyone,

I'd love some experience-based responses to my question, which is whether case plan compliance is the deciding factor in whether RU or TPR occurs.

We have an infant who was placed with us as foster to adopt but Mom has been working toward RU. Mom has several other kids who are w/family under transfer of legal custody and she sees them regularly. She has a long history of chemical use and our FC was born addicted. Mom is very loving toward FC, hasn't missed any visits and also attends medical appointments with me.

FC is now off her withdrawal meds, but is on meds for reflux and will be evaluated by PT this week for ongoing muscle stiffness (I requested because of concern that it may cause gross motor development delays). FC is also being enrolled in early intervention services this month, but the ongoing level of special needs is really unknown right now.

After a few early bumps, Mom is actually doing well case-plan wise. She does, however, clearly have some cognitive issues and I'm not sure about her overall level of functioning. She isn't employed (although not one of our FKs' parents ever has been). A parenting assessment has just been completed, but I haven't yet been informed of results. Because FC was hospitalized for a few months before coming to us 3 months ago, the permanency hearing is coming up quickly even though Mom is still having supervised visits and these have just been ordered to continue.

I can't really get a read on what's going on here. The judge is really pretty stern towards her at the hearings we've attended (I assume because of the long history), but don't they have to RU if Mom is case plan compliant? Or could they TPR based on other factors such as cognitive level of functioning as it would relate to her ability to meet FC's needs?

[alex9179]

No, they don't have to RU. Our kids' mom was compliant, actually did a great job, but TPR was the decision the jury reached. Their decision was based on the charges and I think that her lack of planning if they were returned to her custody played a part. In the end it's in the court's hands and how well the lawyers make their argument.

[millie58]

There is no way of knowing. the bio mom of my 2 oldest was on track for RU when she was caught with bio dad; then DSS ordered TPR.

[mamachell]

Our case sounds very much like yours. I'll tell you what happened in our case: birthmom never missed visits but went to jail a few times and rehab a few times. Doesn't have a job and lives with a family member. Her other biokids are with relatives. For us, the fact that fd was under 3 made things move quickly and they filed for termination of services at the 6 month review hearing. That was contested and dragged on a few months then TPR was scheduled and that's been postponed about 1 month. We are expected to TPR eventhough birthmom has done better recently and has stayed out of jail but I don't think she's drug testing or has completed the rest of her plan.

I was told that the visits are usually the easiest part of the plan for bp's to comply with. It makes sense, they want to see their kids. Unfortunately, a lot of bp's aren't able to complete the rest of their plans, especially if a long history of drug use is involved.

One thing that did complicate things for us is that late in the case a family member did come forward but the judge did rule it was too late. So, even if birthmom can't comply you may have other family members that come in after a time. Sometimes family may want to give birthmom a push to clean herself up but then we it's obvious she may loose her child they step up.

One of the best things you can do is to stay informed.
Some suggestions:
- find out how you can communicate with the judge. In CA we have a special form JV290 or you can write the judge a letter. You will need to take it to the court clerk and they will notice all other parties. Include pics of yourself with fc and you may want to include "letters of support" from parties that know about your relationship with fc ie. daycare provider, pediatrician, physical therapists, etc.
-find out who is the child's representative. They should have some independent court representation by a GAL, CASA, AAL or something like that. Get to know this person and periodically send them email updates. I got this info when fd's attorney sent us a letter of introduction. Sometimes it's not easy to get their info but it should be on court documents you receive or the cw should know it.
-Try to establish a great working relationship with cw. Don't bug them but keep them informed.
-If you can become a 3rd party/intervenor/de facto parent in your state find out how and do it. In some states there is a certain amount of time fc has to be in your care (usually around 6 months but up to a year, some states don't ever allow it) but if you can become a party to the case you will get all the court info and cw's reports to the court. You can also have legal representation which a lot of times you can't really do if you aren't a party to the case. This has been the best thing I've done. You can file it yourself with a few documents.

Good luck to you and your family.




This is a long road and I wish your family the best.

[greenrobin]

When we were beginning the road to TPR I googled my state's family code and looked at what grounds would be considered temination worthy. It was kind of shocking, but there was a list of something like 18 different things on that list and our kids' parents had covered something like 12. I just read the termination order tonght. The court used only 4 of them.

Try googling your state.

[Sunshine4me]

The birthmom of my FFD had TPR on 3 other children in another state as well as current charges for child cruelty in that state. She did her caseplan and got RU after 10 months. The goal was always RU and I was told that as long as she is working on her plan the goal will remain RU. There were many safety concerns brought up (abusive "ex" boyfriend might still be in the picture) but RU happened anyway. I think it depends on the judge and specifics of the case. I wish you the best of luck!!!

[marigold]

My adopted son's bio moms rights were terminated mainly based on dependency which basicly means that she wouldn't be able to parent without depending on others support. Her IQ is borderline and she was young and had been raised in and out of care.