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  #1  
Old 01-25-2013, 09:35 PM
Novemberz Novemberz is offline
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Talking Appeal of TPR and placement

We are in Northern California, and
Completed adoption on one child age 2, mother has another half sib and we get placement of that child at 1 day from the hospital. Bio mom has lost a bunch and this is #5.
Services terminated in September and then an aunt shows up and starts Relative assessment, goes to a .26 recently and the court does the TPR and rules out aunt who just recently completed and passed Relative Assessment.
Mother appeals the TPR and also the placement.

I understand that the TPR appeal is not unusual and bio mom would never get that reversed (I left out other things, just trust me on that part, the TPR is solid).

However, the appeal related to placement is interesting. She is appealing the placement of the child and wants the child with the aunt even though the child is with an already adopted 1/2 sibling now. This child is now over 6 months and has only been with us.

I can't see any reason why the appeal would be successful. First, I never knew the bio mom could appeal the placement. Second, I'm thinking the appellate court would not overrule the lower court because the law was followed. Just because a relative passes the relative assessment does not mean that they get placement. So we probably have very little to worry about other than how long the delay will be.

Am I missing something?
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  #2  
Old 01-25-2013, 09:37 PM
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MountainMommy MountainMommy is offline
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Bio can appeal anything she wants but I doubt it will stand. Did you talk to the child's attorney about the chances? We just had a relative appeal our placement and it was denied within two weeks. Hopefully you find out equally as fast.
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6/25/12- Initial inquiry into adoption
10/11/12 Officially on the list

12/2012 Got the call for twin girls, age three
8/2013 Got the call for a boy, age 15 months

10/14 switched from FFA to County

1 bio son
1 adopted son- Placed 09/2013, Adopted 4/2014

Not in our home, but in our hearts - Twin A and B, age five 12/12-11/13
Many emergency and short term placements
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  #3  
Old 01-25-2013, 09:49 PM
Fostermom22 Fostermom22 is offline
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In most states (not sure if it's federal) the baby is placed with a sibling....even after a TPR for the purpose of placement the sibling bond exists (again not sure if that is every state thought)
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  #4  
Old 01-25-2013, 09:54 PM
Novemberz Novemberz is offline
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Quote:
Originally Posted by Fostermom22
In most states (not sure if it's federal) the baby is placed with a sibling....even after a TPR for the purpose of placement the sibling bond exists (again not sure if that is every state thought)

Correct, that's my understanding too. Sibling bond remains even after TPR. So the appellate court would have to remove her from a home with a sibling to place with an aunt, and all this without overturning the TPR?

Seems as if they would have to overturn the TPR before that, otherwise currently the aunt is not the aunt.
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  #5  
Old 01-25-2013, 09:58 PM
Novemberz Novemberz is offline
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Quote:
Originally Posted by MountainMommy
Bio can appeal anything she wants but I doubt it will stand. Did you talk to the child's attorney about the chances? We just had a relative appeal our placement and it was denied within two weeks. Hopefully you find out equally as fast.

My thinking too, no did not talk with the minor's atty about this. I think the relative's appeal was shot down so fast because they have no standing and are not considered a legal party to the case. So that would be dismissed immediately.

Really no worries, just checking to see if I'm missing anything and I doubt it. Just the waiting game now for the months this will take, assuming that bio mom follow through.

Does bio mom keep the same attorney she had in Juvenile Court through the appeal process, or does she now have to pony up herself. It notes in the docket for the appeal online that she is PRO PER, meaning representing herself.
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  #6  
Old 01-25-2013, 10:15 PM
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controllnmychaos controllnmychaos is offline
Nope...I don't get it.
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Just wanted to say congrats on the kids! Hope you get to adopt #2 soon.
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  #7  
Old 01-25-2013, 10:26 PM
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MountainMommy MountainMommy is offline
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It's my understanding that for an appeal the bio would have to pay for that herself. I could be wrong, and it could vary state to state.
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6/25/12- Initial inquiry into adoption
10/11/12 Officially on the list

12/2012 Got the call for twin girls, age three
8/2013 Got the call for a boy, age 15 months

10/14 switched from FFA to County

1 bio son
1 adopted son- Placed 09/2013, Adopted 4/2014

Not in our home, but in our hearts - Twin A and B, age five 12/12-11/13
Many emergency and short term placements
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  #8  
Old 01-26-2013, 02:07 PM
Novemberz Novemberz is offline
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Quote:
Originally Posted by MountainMommy
It's my understanding that for an appeal the bio would have to pay for that herself. I could be wrong, and it could vary state to state.


Well if SHE has to pay for it then my guess is that it will end quickly, I don't think she will risk money on something that has such a small chance of being successful. Apparently it's a two step process in which they file the intent and then later file the brief and so forth. The attorneys or family talked the mother into signing for the first step, but I am told that many do not follow thru with the process and it gets dismissed as abandoned.

Not sure who's going to write her briefs if she is pro per. Unless she can find someone to do it pro bono then this might end quicker than I thought.
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  #9  
Old 01-26-2013, 07:15 PM
Fostermom22 Fostermom22 is offline
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Quote:
Originally Posted by MountainMommy
It's my understanding that for an appeal the bio would have to pay for that herself. I could be wrong, and it could vary state to state.

This varies by state...some states they can file to be appointed a State Public Defender for the appeal
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  #10  
Old 01-26-2013, 09:21 PM
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MountainMommy MountainMommy is offline
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Quote:
Originally Posted by Fostermom22
This varies by state...some states they can file to be appointed a State Public Defender for the appeal


Grr, sure hope my state makes the bios pay for their own appeal. 99% of the time it's just a waste of more time and tax payer money.
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6/25/12- Initial inquiry into adoption
10/11/12 Officially on the list

12/2012 Got the call for twin girls, age three
8/2013 Got the call for a boy, age 15 months

10/14 switched from FFA to County

1 bio son
1 adopted son- Placed 09/2013, Adopted 4/2014

Not in our home, but in our hearts - Twin A and B, age five 12/12-11/13
Many emergency and short term placements
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  #11  
Old 02-19-2013, 06:32 PM
Novemberz Novemberz is offline
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Appeal Brief

An appeal brief was filed by the apellance (the bio mom) but they called it a SADE C. Brief. What is a SADE C. Breif?

It then says that the mother has to file a supplemental brief by 03/21/2013 and a SADE C. order was filed and the bio mom was granted 30 days to file supplemental brief.

Any idea what is going on?
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  #12  
Old 02-20-2013, 06:58 AM
Novemberz Novemberz is offline
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OK here is what I found in my own search. After an appeal is filed, and an attorney is appointed to the appellant (bio mom) by the court, the atty reviews the record and files a brief. IF the atty cannot find anything in the record to raise as an issue in a brief they file a SADE C. Brief with the court stating that they cannot find any issue to address, also a letter goes out to the appellant (bio mom) stating what her options are (to represent herself, to abandon the appeal etc). The letter contains all the options and the bio mom can then ignore it or choose one. If she ignores it then the appeal is abandoned (30 days?), she can write her own appeal or select another option. The court has allowed 30 days for a supplemental brief to be filed, giving the bio mom more time to either write her own appeal, ,withdraw ignore, get another atty, etc.

So at this point it is looking VERY GOOD, anyone can chime in and correct please if I am off or left something out.

I did my research on the CALI Court website, and searching for sample SADE C. letters to clients.
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  #13  
Old 02-20-2013, 11:17 AM
Kat-L Kat-L is offline
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I googled it. It does look as though she doesn't have a leg to stand on. Attorneys will dig to find something, anything, to appeal-no matter how small and petty. Her lawyer looked and found nothing. So, I guess her appeal will be dismissed and the case will go to adoption. The SADE C was a last ditch effort by the lawyer. It's up to Mom now and I doubt she will write a brief for the court. And even if she did, the court doesn't have to look at it.
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  #14  
Old 02-20-2013, 11:37 AM
Widdletink Widdletink is offline
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Hi!

Ok so when I saw the question about what the SADE C meant what flew thru my mind was: Maybe she wants to be a 'Smooth Operator'. But then I realized that it would need to be a Sadé C for that to be right :-)

I will hold good thoughts for your family and hope that permanency for your baby will be swift.

Take care all, help lots of people and have a wonderful day!
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  #15  
Old 06-10-2013, 07:13 PM
Novemberz Novemberz is offline
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Well the appeal part is over with, no on to the signing and the supposedly easy part, except the County I work with has a horrible reputation, and my adoptions worker has no people skills whatsoever. A simple paperwork process is another reason to mix up regulations, make false statements, stall paperwork, and continue incompetency. Unfortunately, I will not be adopting more children from that agency not due to lack of desire but due mostly to the conduct of the agency. Absolutely horrible both times I dealt with them.
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