[lillamb]

I just need to know what some things mean:

What is FMLA? How can it help me?

The two kids that I am fostering are my nieces. I just got them last week. Because it was a relative placement, I wasn't required to take PRIDE classes before I got them. I actually don't start until January 27th. What are PRIDE classes?

What is typically the plan as far as court? I mean basically, what happens from here on out. It is my understanding that the parents haven't even had custody taken away yet? Is that right? I think the sw said that DHS only has temporary custody until they go to court?

What does it mean that a child is "legally free"?

How/when/why does TPR take place and if it were to happen, what do I need to expect?

[Bug-n-Bears-Mommy]

FMLA is the Family Medical Leave Act. It protects your job while you take time off to care for children placed into your care, or should you have a child. It is effective for 12 months from the time of placement.

Usually the state will have temporary custody until a dependency hearing can take place. This is where the state pleads it's case and determines if there is reasonable cause for the children to be placed in the states care and become dependent on the state for care.

There is a federal law that the state has to have a permanent plan in place for the children within 2 years of coming into care. This can be shorter, this can even be longer. Should the parents simply walk away...as in the case of our son, the state can file for TPR based on teh grounds of abandonment. Should the parents be following the case plan, but need more time to get everything done, a judge can grant more time.

Once TPR (termination of parental rights) has been granted, a child is considered legally free. This means he or she can be adopted.

[pshamrick]

OK, my grandkids/Kinship Care/Fosters are fixing to be Legally Free. The courts are TPR. I am currently listed as Kinship Care, but SW is talking about us becoming Foster Parents.

My question is: If the kids are Legally Free and in our Foster Care, can they be adopted out of our care without us knowing until too late?

[WhoKnew]

I really don't think so. DSS generally really tries to place and keep kids with bio relatives if possible. Having been approved, I can't imagine why they would move the children from you, unless there were serious issues/problems with your home or family. This is what happened in my dd's case; she came to us from a relative placement (where there were serious issues, and she never should have been placed there).

If things are going well and the kids are doing well, under the circumstances, I am sure you would be considered first for adoption. I would make it very clear to the workers that you do want to adopt them, and keep asking for details and updates. Best of luck to you. How wonderful that you were able to take them into your home!

[hkolln]

Originally Posted by lillamb

I just need to know what some things mean:

What is FMLA? How can it help me?

Family Medical Leave Act.
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

Got the above from: U.S. Department of Labor: Compliance Assistance: Family and Medical Leave Act (FMLA)

I took 3 weeks FMLA last trip to see our Niece end of March. It wasn't paid but I was allowed to use my Sick Time and Vacation time if I wanted to supplement the unpaid leave. I am again going to take probably 6-8 wks FMLA once our Niece comes home to live with us in June so I can settle her in and get her resources setup, etc...and be here for her during the summertime. Since I only get 12 wks each year I have to make sure I don't take anymore then 9 weeks next time.

The two kids that I am fostering are my nieces. I just got them last week. Because it was a relative placement, I wasn't required to take PRIDE classes before I got them. I actually don't start until January 27th. What are PRIDE classes?

We will be fostering to adopt our Niece in another state once school is out there. We will be going there end of May to bring her home with us. Pride is the classes you take to become licensed. In our state they did away with Pride and we do MAPP classes. In order to take in our Niece we were required to be licensed foster parents first which meant MAPP classes, home study, etc...and license.

What is typically the plan as far as court? I mean basically, what happens from here on out. It is my understanding that the parents haven't even had custody taken away yet? Is that right? I think the sw said that DHS only has temporary custody until they go to court?

This depends upon their case plan. In our Niece's case due to aggravated circumstances they are pushing TPR quickly. We go to court end of May for my husbands sisters TPR trial. She is offering to sign away parental rights because she feels like her daughter should be raised with us. We'll see what happens. Right now (before TPR) the state has temporary custody but once TPR is granted then she becomes a ward of the state and can be adopted.

What does it mean that a child is "legally free"?

That sounds like once TPR is granted and the appeal is over with then the child is "legally free" to be adopted.

How/when/why does TPR take place and if it were to happen, what do I need to expect?

This varies by situations. In our case they had a TPR (5 min) court hearing where my SIL could say "yes" to TPR or "no" to TPR and fight it. She said "no" because she wanted to give us more time to get our license, etc...In her case due to aggravated circumstances we are pretty sure TPR will happen no matter what and that is why she has no problem doing a voluntary one. Some cases take longer. Since bios get so many days to appeal (here I believe it's 30 days) then they can appeal and go back to court, etc...Our Niece was placed in foster care in July 2006 and TPR was just initiated about 3 months ago (but her case is aggravated so they are quicker). Our Niece was only in foster care for about 6 months before the 1st TPR hearing (which was January I believe). The Trial is set sometime end of May (we are awaiting a date so we can travel for it to where our Niece is). Parental rights can be taken away for a bunch of reasons. In our Niece's case there was NO case plan for the bios to follow to get their daughter back. Only case plan was our Niece's. They already TPR'd her father due to default (they sent letters to his last known address and also placed an ad in the newspaper). They also played his case on the TV (a local most wanted show) because of the alleged abuse to our niece he is wanted for.