[tabg]

I've asked questions about tpr filing on here before but I'm wondering if anyone knows the answer to this. In our state, the tpr paperwork is sent to the AG, then we get a hearing date. In October, our cw called and told us she was filing the paperwork. Last week I asked her if it had been mailed off yet. Her response was, "No, it's not that easy. We have to wait on birth records, medical records, birth certificates, etc." I'm wondering if it really takes that long to get all that stuff. I mean, she started this in October. I know I am impatient. We are working on 3 years in state custody and I am ready to move forward. Plus, the more time this is delayed, the more time the bio mom has to get her act together at the last minute. Not trying to sound paranoid but our attorney and everyone else on the case has noticed that the bio mom's attorney and the cw's supervisor flirt a lot after court. He walks her to her car, they giggle and whisper...it's very noticeable. Just wondering if it really does take this long to do the paperwork or does it sound like they are dragging their feet for some reason? Someone told me they have to wait until they have enough "clear and convincing evidence." But back in November we got a 9 page summary from the judge, detailing all of the clear and convincing evidence. So I'm confused. I'm asking here if anyone knows because I really don't want to nag the cw and get on her bad side. She does tend to procrastinate a lot so I am wondering if this is typical.

[Fostermom22]

The paperwork required varies by state & county but yes, it can take a few months for a worker to put it all together. Then it has to be reviewed by the attorney to ensure everything they want is completed.

Hopefully it will go fast for you now that it's been 3 months already

[hopefulandwatching]

Hmmm...so, you don't even have a date yet? That's weird...I was told in our case(they have submitted the first draft to the AG) that the AG would get back to her on how that looks, let her know if she needs to change anything...and then she'd file and we'd get a court date scheduled for the TPR hearing...the fact that you have had a summary from the judge says there is plenty going on there. Almost sounds like they already had a fact finding hearing, if the judge sent out a summary?! Weird...I wish there was a uniform procedure across country...but, they can do things so differently from one *county* to another...

Honestly...I know it can be hard, but I wouldn't let observations like "they are flirting" effect your perspective on this...I doubt mom is pulling it together at this late date...(of course, I can't know that!) I have seen case workers and attorneys joke with and play with each other. We are in a small town, everyone knows everyone and they all know the drill...but, I don't see any of them letting it effect their conduct in court or in court procedure. Just the fact that you got that summary is a good thing.

I'd hang in there...I would just be reaaallly careful...because you can tick the CW off and if she even *thinks* you are judging her as "flirting" it could be a problem. Hard to say since I am not there...I'm no expert, but I'd say take a deeeeep breath! I can't imagine waiting 3 years...hang in there! =D

[ImpactingLives]

Originally Posted by tabg

I've asked questions about tpr filing on here before but I'm wondering if anyone knows the answer to this. In our state, the tpr paperwork is sent to the AG, then we get a hearing date. In October, our cw called and told us she was filing the paperwork. Last week I asked her if it had been mailed off yet. Her response was, "No, it's not that easy. We have to wait on birth records, medical records, birth certificates, etc." I'm wondering if it really takes that long to get all that stuff. I mean, she started this in October. I know I am impatient. We are working on 3 years in state custody and I am ready to move forward. Plus, the more time this is delayed, the more time the bio mom has to get her act together at the last minute. Not trying to sound paranoid but our attorney and everyone else on the case has noticed that the bio mom's attorney and the cw's supervisor flirt a lot after court. He walks her to her car, they giggle and whisper...it's very noticeable. Just wondering if it really does take this long to do the paperwork or does it sound like they are dragging their feet for some reason? Someone told me they have to wait until they have enough "clear and convincing evidence." But back in November we got a 9 page summary from the judge, detailing all of the clear and convincing evidence. So I'm confused. I'm asking here if anyone knows because I really don't want to nag the cw and get on her bad side. She does tend to procrastinate a lot so I am wondering if this is typical.

It can take time, especially in the case of a child who did not come into care at birth.

It's not all about what they submit to the judge either. Remember that once TPR happens some things will be lost forever that they are trying to gather. Medical histories, birth certificates, SS cards, etc...that stuff is way easier to gather when you have a legal parent to sign for it. Some of it is stuff that the adoptive parent will never have the right to get. So it's not just about the actual court reports, but everything else as well.

As far as the CW and attorney, I wouldn't worry about it. I am on a court committee in my county, and I can tell you that they all socialized more than you or I would expect.

[tabg]

Thanks everyone! I was starting to get a little paranoid because the last time I saw the cw, she said, "When I came into this case, I was surprised they had changed the goal and all this was going on. I can kind of see the bio mom's point but I guess they have enough to tpr now." She came into this case after the goal was changed and the former cw had left. I'm not sure she fully agrees with the tpr but is going along with it because everyone else on the case is. The bio mom HAS suddenly worked her plan, even getting her GED, which they didn't even require her to do. But the judge told her she could not have any more time than one year and made that VERY clear to her early in the case and made it clear what she needed to do within that year. She didn't get serious about her plan until after a year the judge said to change the goal to tpr and by now, her children (who were 2 and 6 weeks at the time of entering care) do not even recognize her or know who she is. The kids have been in the same placements all this time and don't even realize they are in foster care. So they are tpr'ing on the point now that the relationship has eroded. So I think the cw feels sorry for the bio mom now and is thinking about what's fair to her. Everyone else is thinking about what's fair to the kids at this point. However, the bio mom's attorney keeps telling her that as long as she keeps "doing the right thing", she will get her kids back, even though it's actually in the court records that the judge said loud and clear, "I cannot give you anymore time than one year."

[Larue]

Ours took 3 months to get to the initial TPR hearing, and then another 2 months to the first TPR trial date. And not to be discouraging, our TPR trial lasted for 7 months because of multiple continuances. So basically it was a year from the time they "served" our DD's birth mother that the goal had been changed, to the actual TPR. In that time, her birth mother made some progress on her case plan, but the judge basically said "too late". Trust me, I totally understand how hard it is not to worry. Hang in there!

[JessicaBaker]

We have a hearing at the very end of the month and the CW said the DHS attorney is just getting all the paperwork ready now and it's the beginning of the month.

[icehockey101]

IN our case, DCS said they were going to file in February. They got everything together to file in May. First trial date was September. Finally TPR trial happened (still waiting on the paperwork signature) in January. Who knows when the papers will be signed... then the 30 day appeal period...

[shall0927]

if she's working her case plan and it hasn't went to tpr, don't be suprised if they change back to RU, crazy things happen!!!
ill be thinking of you!

[wcurry66]

I'm confused.. Why would they need to wait for OBC and SSN and medical records? Didn't DCYF need these when they had custody? All those things were available before they filed for TPR in our case.

[elk134]

I guess I can see in some areas, it taking that long. But ours did not take that long. Our CW's normally get BC, SSN, stuff like that, when the child enters care, not when filing for TPR. Our TPR filing took a little over a month. Keep in mind that was just to file. Actual TPR took much longer.

Our timeline was:
March 2011-FD officially declared abandoned by judge (happened in Feb, but not official until 30 days later?)

April 2011-TPR filed

Beginning of August 2011- 1st TPR trial date- continued (mom showed back up )

End of August 2011- 2nd TPR trial date- continued for mom (due to recently hired attorney), completed for dad-TPR ordered for dad

End of Sept 2011-TPR trial for mom

Nov 8 2011- TPR judgement signed

Dec 8 2011-Petition to adopt entered

Dec 21 2011- Adoption finalized

I remember whining about the judge taking so long to sign the orders, but I guess in the grand scheme of things, the timeline isn't all THAT long, but it sure felt like it going through it. And our CW and attorney were on the ball with everything from the get go. So at least our delays were not because of paperwork needed on our end, it was because of bio mom (and judge taking forever to sign the order).

Good luck on your journey.

[racingwife20]

Judge ordered TPR filed within 30 days - after a major setback in the case - TPR was filed less than 30 days later. Court was scheduled for January this year and then continued to March due to a pending relative petition for custody.

I was pretty surprised that social services had TPR filed so quickly, but apparently when the judge only gives you 30 days to complete it - you get it done!