[whoownsthis]

Does anyone know if a birthparent can appeal a TPR ruling? If so, how long will this take?!

[mckenna]

when i was going through tpr with my son, my lawyer said that tpr can be appealed. he said that in his 25 years at adoption law, he had never had a tpr over turned on appeal but that if the bp's do appeal it could take 6mo-1year. there is not another trial (at least not in my state) but the transcripts from the tpr hearing are reveiwed by an appeals commity who then decide if the case had merit to be tpred. it just depends how many cases are waiting to be reviewed by the appeals board.

[whoownsthis]

If the magistrate/judge has ruled for TPR but the birthparent plans to appeal it, does the child stay with the foster family, or will the judge allow the child to move over to the chosen adoptive family's home (with the assumption that the TPR won't be overturned)?

I would think that since the caseworker has the right to move the child to a different foster home at any time, she/he could move the child to the adoptive home (as long as they are foster licensed) and let the court process work itself out. Of course in the slim chance that TPR did get overturned, that would be very tough on the kids!

[2boyz1girl]

When dd's case was heading toward tpr we were told that the majority of bparents DO appeal and it can take 18+ months. We were both her foster and adoptive home, so I'm not sure. But I think the child could probably be moved to the adoptive home as a legal risk placement, the adoptive parents would probably need to be licensed for foster care (sometimes the requirements are different) as well in that case.