[jen0ue]

Hi!

I have a couple of questions I was hoping someone might be able to answer....

First of all, does anyone know how a judge rules when only about 50% of the case plan is complete at 18 months in TX? the case is set to be dismissed in March because it legally can not be extended any more. The trial is in January. I was really surprised by the decision to give her an extension, so I am not sure what to expect next.

Secondly, if we decide to pursue Bmom's rights being terminated how does that work with the CPS case? Bmom was ordered to pay child support to us through the OAG. December will be a year since she has made a payment which in TX means her rights can be terminated automatically in court.

Thirdly... Has anyone ever transferred a relative adoption case out of state? I just found out my office is closing down and am looking at transferring to Utah. How difficult will it be to transfer this case? Or is it even possible?

Thanks!!!

[greenrobin]

Let me tell you what I know about transfers--it could, according to my attorney, extend your case as much as several months. You may want to find out where the active cases are being transferred to within TX.

I am in East Texas. We had our kids for 15 months when filing happened and 17 months at termination. If you squinted, you could say bio mom completed about 50% of her plan....maybe a little less. The state wanted 100%. That's the point of the plan--get these things accomplished and you will have your kids back.

I worried about it, too.

I looked up the TX Family Code to find the reasons for termination. There are a bunch. Of the huge list, I could find 12 that applied in our kids' case. The order was granted due to 4. It only takes 1.

As far as extending the case, I don't know about what is the legal limit. I do know several people in our agency and 1 from church who have had things extended for as much as 3 years. Yes, recently. There is room for judicial leeway. But, if the TPR trial is set for January, I'd say that the state feels like it has a case. Trials are costly and DFPS does not like to lose.

In the mean time, the state is probably going to talk extensively with you because you'll likely be a witness. Ask as many questions as you can--they'll tell you if they can. They don't want to send a child back into a bad situation, so you will be part of their team--at least a little bit! It didn't make me feel less nervous exactly, but it definitely reassured me that they were doing everything they could to end it with the kids' best interest in mind.

[jen0ue]

Thank you so much for that great information!!!! And a little reassurance in the termination - it really is not best for J to go back to bmom.

We had a trial set in July. The bmom's attorney was not ready and requested an extension which was granted. CPS told me then that 18 months was the limit. They have said that a couple times, although I haven't researched it much myself. It makes sense that it could be longer though. J has been with us for two years so far... he started in Family Based Services and then was "officially" placed in CPS custody just over a year ago. The bfather is unknown and they are planning on terminating with a lawyer for the unknown father. However if he suddenly appeared, he would receive the case plan and I guess get 12 months to work it; so I could see how it would happen.

The state didn't prepare us much for the trial... I literally didn't sleep the night before, only for it to be extended... I sure hope the one in January goes better!!!

[greenrobin]

The year thing? Not so much around here. They get the 15 of 22 months that federal law requires before they file most of the time. But still, it could go in 12. I really hope that the best thing happens for your little one. It's a nerve wracking thing to live through!