[lakin11]

I wanted to share something I heard today from someone through DCS.

As of Jan 1, 2009, once DCS files for TPR on the bios, they will no longer offer any services. So visits will be stopped. The bios can still do their case plan up until the trial, but that will be on their own time and at their own expense and up to the judge to accept as completed.

This has to be an improvement!! W/ one of our cases bio mom did not do a single service until months after TPR had been filed. It took a year from when they filed until the actual hearing. We ended up losing the TPR, but RU never happened and TPR is back in the scenario again. The case has been going on almost 3 years now.

In July of 2008, they passed a ruling that the TPR trial must be started 90 days after filing and the trial must be concluded within 180 days.

I hope this means good news for the children in Indiana.

[naca]

We'll see how well they actually follow this law. I know my county rarely goes by state policies.

[lmnop2]

Thanks for sharing. We may be going through this in the next couple of months. However, it looks like the child advocate will be filing instead of DCS.

Does anyone know where we can find the details about this new law?

[lakin11]

Originally Posted by lmnop2

Thanks for sharing. We may be going through this in the next couple of months. However, it looks like the child advocate will be filing instead of DCS.

Does anyone know where we can find the details about this new law?

Hmm we may be in the same situation...CM is not wanting to TPR, but there is more than enough evidence. Not sure how much say she has over her supervisor and the legal dept.

I'm still looking for the details. I will share if I find something!

[lmnop2]

Our cw said it has to be court ordered. DCS can ask, but it's the judge's decision.

[EandDmom]

Originally Posted by lakin11

I wanted to share something I heard today from someone through DCS.

As of Jan 1, 2009, once DCS files for TPR on the bios, they will no longer offer any services. So visits will be stopped. The bios can still do their case plan up until the trial, but that will be on their own time and at their own expense and up to the judge to accept as completed.

This has to be an improvement!! W/ one of our cases bio mom did not do a single service until months after TPR had been filed. It took a year from when they filed until the actual hearing. We ended up losing the TPR, but RU never happened and TPR is back in the scenario again. The case has been going on almost 3 years now.

In July of 2008, they passed a ruling that the TPR trial must be started 90 days after filing and the trial must be concluded within 180 days.

I hope this means good news for the children in Indiana.

Boy oh boy am I hoping you are correct about this. Depending out what I find out at next weeks meeting I'll ask the caseworker about this. Thanks for the heads up and I sure do hope it moves your case along faster.

[EandDmom]

Originally Posted by naca

We'll see how well they actually follow this law. I know my county rarely goes by state policies.

Call me naive and new but if its a state law how can they avoid it?

[bluebird38]

Our judge has said that he will not stop visits or services before TPR is final.

[lakin11]

I talked to the cw supervisor today. She said this is true and will affect all cases that TPR is filed after 1/1/09.

We have a complication in that one sibling will be TPR'd on, but the younger sibling will not be at this time. So she can do services under the younger child's case which can in turn affect older child's case. However, visitation would cease immediately.

[lakin11]

Originally Posted by EandDmom

Call me naive and new but if its a state law how can they avoid it?

Good question, but it seems often they find a way to work around the laws and do whatever they want! Even the Federal ASFA says they are required to file for TPR at 15 of 22 months.....doesn't mean the TPR has to be granted within that time.

[naca]

Originally Posted by EandDmom

Call me naive and new but if its a state law how can they avoid it?

Apparently that county thinks they are 'above' it.. They don't seem to follow policy on many things yet if policy is pointed out to them - they just say that they are well aware of their own policy.. THEN FOLLOW IT! Lol! I'm not bitter or anything