[Houdini]

Does anyone know anything about a biological parent appealing to re-gain custody of a child after the courts have terminated rights. I have heard of a situation where the children have an adoptive home, but they have to wait for this appeals process the parent has started. Just wondering if anyone has any information about this.

[crick]

I'm sure every state is different, but in our case, the birth parents' rights were terminated and they had 90 days to appeal the court's decision.

Is this what you are looking for?

[Houdini]

Thank you for replying to my inquiry. That gives me more information than I had before. Is it common for a biological parent to re-gain custody? The children have been in foster care for more than two years and the parent has had no contact since the termination (a couple of months). I would think the courts would consider the trauma the children would indure being returned after a long termination.

[crick]

As far as I know, once the parent's rights are terminated and the appeal time is over, they cannot re-gain custody. Usually once the child is removed from the home and enters the system, there are re-unification plans put in place. If the parent does not follow the re-unification plan and the situation doesn't change for the child to return to the home the rights are then terminated. It usually takes a long time for rights to be terminated so it's unlikely a judge would then just turn around after the appeal time is over to grant custody back to the parent. If a child has been in foster care for 2 years, the rights are terminated and the appeal time is over, I just can't see a judge deciding that the parents were now able to parent the child. If the parent couldn't show the ability to care for the child during the 2 years before termination, it's not likely they would be able to show that in 2 months.

In our adoption, we were told the parents still had a few weeks to appeal but they didn't. Once that appeal time was over, we moved on with the adoption proceedings.

[Rayma]

In my neice's case she apealed as soon as the judge treminated her rights. Her (now X) husband did not file an apeal. Most people do not apeal. When there is an apeal it goes to a panle of judges in another county. All they look at is the trial transcripes and any pictures. They look for any judical mistakes and any laws that were broken in order to take the children. In my niece's case there were many laws broken.

See cps watch for more info on cps abuse of power.

[Houdini]

What is cps watch? In my aunt's case the kids she is fostering were in a home where they were suppose to be adopted. After a year the family changed their minds. My aunt got the kids at that point. The kids have been in the system more than a year now. The courts are starting the reunification process over again. It will probably be at least a year before anything happens to terminate the mothers' rights. Dad is not involved. The mother didn't follow the plan in the first year.

[Rayma]

cps watch is for people who have lost their children do to abuse of power by cps.

[Houdini]

Is there a web site or is it through an agency? How do I access information from cps watch?

[Houdini]

Nevermind, I actually found it.