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Hi !
Just wondering... I've had my foster children for over a year and they just got TPR'ed on Dec 12th. I'd like to adopt them. Their foster care caseworker said there would still be a six month waiting period before the adoption could be finalized. I thought that if the children were already placed in the home for more than a year there wouldn't be a pre-adoptive waiting period...am I wrong ? (we live in Ohio)
Kat
It could be difficult to figure out. Just because the kids have TPR's doesn't mean they're free for adoption. If the court did the termination, the birthparents can appeal. Our oldest foster had his TPR 12 months ago, bmom appealed and lost and had 45 days after that to appeal to the state supreme court (which she didn't! :) ). So, it took 11 months for him to be "legally" free after TPR.
I think the reason there is still a 6 month waiting period is because they have to be reclassified from foster to adoption. With us, we have to have 30 days after they are reclassified to read through their declassified info. And then after we have read it and if we still want to adopt, then the 6 months begins. I honestly can't see what would be in the folder that would change our minds. Especially since they've been in our home all that time. Silly I guess, but rules are rules.
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I was thinking about your question also. Glad you asked just sorry I can't help I am in the same boat of wondering how all of this works and not getting a straight answer from anyone . I have a hearing date to TPR on March 7 then they said we have to wait 60 days to see if the bparents appeal. If they dont' then we can move forward with the adoption which one SW told me at least 1 year to do all the paperwork. I had another SW tell me only a couple of months, by the end of summer. Our homestudy will be complete by the end of this month so I don't know if that is what most of the wait is or what. I thought that if they were free for adoption and have been with you 6 months then you could start the adoption. I'm not sure if it is different if it starts out as foster/adopt. Why else would they only put a child in a possible adoptive home??
Good Luck!
Elissa
foster/adopt 11 month old
foster 7 month old
It really does all depend, but a good guess would probably be between 6 and 12 mo. Probably not what you want to hear but it is just a guess based on cases I'm familiar with in our state of OR.
Thanks for all the replies everyone.
I guess we'll just have to wait and see. The case just transfered to the adoptions dept. yesterday. The kids are getting antsy, they want to know when it will happen. Six months won't be so bad...We've waited this long.
Kat
Hi pugsooie,
My tpr date is Jan 11th as well. I want to know the same thing, but I have a feeling it could be months.
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In our cases it has been this: the child has to live with you for six months before Adoption paperwork can be filed. For example: Raj was placed with us Jan 9th 2004. He was TPR in Febuary and then the bio parents had 40 days to appeal. There was no appeal. July 9th our paperwork was sign and ready to go through the chain of command. We adopted him in September, but received the September date from the courts in mid August. So his adoption was considered FAST and took 8 1/2 months including TPR too. This is a very rare and fast speed in NJ. Most other fast adoptions take 1 yr. Which with our son Om it took 1 yr and 2 days, but we didn't have to go through TPR for him. So it is very much a case by case situation.
I think pugsooie's case is different from radkats....if I read right. It sounds like radkat had tpr granted already which will probably mean there is just a wait (whatever your state requires) to see if bps appeal, then (if no appeal) your attorney can proceed......here anyway there is no 6 month wait after tpr IF they have been in your home that long. Pugsooie has a permanency hearing requesting tpr, not an actual tpr hearing.
We had the permanency hearing last March, tpr was recommended, but not filed for until August. We would've gone to contested trial in February, but bp's decided to consent in October, so we finalized Dec. 9th :D . We had to wait 45 days to publish for a John Doe since there had never been a formal DNA test done on little brother....even though he is the spitting image of his bfather. They actually granted the tpr and adopt on the same day. There are so many factors that can affect how long it will take. We were all geared up for another year, then surprise.....they're ours!!!
Good lawyers and social workers make the difference. Our children were placed with us on October 1st, and finalization is set for Jan. 21st. There is usually a 6 month wait, but since all are on board with going through with this, it's happening 2 months earlier than we anticipated. :)
It's really confusing isn't it. It seemed like every time we asked about timelines for termination, adoption, etc. we got a different timeline from our social workers.
Anyway, for us, we have a foster/adopt son. He was placed with us at five days old. Dad's rights were terminated (any unknown father) in June or July (when he was nearly a year old). The named father's rights were still open but became a non-issue when his paternity test came back as a non-match in September. Mom's rights were terminated at trial in late September. Permission to adopt was received in November. Finalization is set for mid-January. We had to wait 30 days after trial for an appeal--had there been one, it would most likely have taken another year to finalize. It probably helped that we were using a private agency that works with the state, so our social worker was starting some of the adoption work before rights were fully terminated and the appeal period ended.
We probably would have finalized this year, but we were strongly encouraged to apply for adoption assistance for a variety of reasons and that took about a month.
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The boys moved in with us on Feb 2. The tpr was Feb 9. They assured us we would finalize as soon as the boys had been with us 6 months which was in August. We finalize tomorrow.
We had 3 or 4 caseworkers, their file was lost, they had not properly declined a relative's request for a homestudy, etc. It is a very frustrating process if you are expecting it to go through in exactly 6 months. So if you can get yourself used to the fact that things move very very slowly while gently squeaking the wheels you will be better off than I was. I was so irritable when they didn't do things when they said they would, but now I realize this is the way they do things and I can't really change it. I can advocate for my kids, but I can't make the state become more efficient.
I would, however, like to talk to some people after the hearing tomorrow and tell what I experienced while working with them. I am sure much of what happened has not been reported to supervisors, but should be.
There are so many factors to take into consideration... I guess it varies so widely from state to state and to your particular case. Jamie3 congrats on finalizing! I can't wait for that day
Our TPR date is set two weeks from today. The mom says she wants to sign away on that day. I will believe it when I see it. That in itself will be a relief. I can then wait the extra few months to finalize.
Well Hello Everyone, I am new to this site. I am very different from you all. I actually worke as a foster care worker and have successfully TPR'd close to ten children. I have a desire to adopt later in life. I am 29 and a mother of two boys, I have great desire to adopt a girl. I also have great desire to place the children I work with great families. It is the ONLY reward in this horrible job. The feeling to see children placed in a home that has a great desire to parent them is a wonderful feeling.
To answer your question, at least in SC, the wait is up to about 6 months. We have to wait 30 days for the parents to appeal, if they do not the case goes to adoptions. At that point, it is all about Psy Evals ( which have to be updated every year), foster parents homestudy being updated, and placement committees. In SC, if the child has been in your home and you are the resource, then no committee is needed. It is a lengthy process!! From what I have seen with "my children" is if the foster parents have their home updated, the process is much easier. It is also up to your attorney getting the paperwork done and getting a court date, which can take awhile.
I wish you guys luck and I am so happy to see people using Foster Care as a means of adoptions, so many children need it !!!!!!!!!!!
Hi all! I have read in a few posts that the bparents signed. What does this mean and does it make a difference if the bparents can not be found or I should say do not respond to letters being sent by their lawyers?? How does this affect TPR and the adoption process?
One other question. We went to court yesterday for our youngest not expecting anything and the judge set a 26. Good news but I know the bparents are going to fight it. The question I have is that the judge mentioned that our fc is part of a Native American tribe. I can't remember which one he said. I also can't find anything in his binder about it. Nothing on his birth certificate or health passport. I have heard that bparents claim this to hold up the process. I have also heard that it is very difficult to adopt if he is Native American. Anyone know anything about this??
Elissa
foster/adopt 11 month old
foster 7 month old
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I am unfamiliar with the Indiana portion, I have heard that having a tribe involved could be diffcult.
BP can sign their rights over, which allows the adoption process to move on along. If BP's cannot be found, here in SC we have to publish in the parent for 30 days where they last lived. This can delay the process by 30 days, due having to publish prior to filing for a date. If they fail to provide their lawyer with a defense, then the lose out on good representation, but it would not affect the upcoming TPR date or trial. It would only benefit social services.
I have a 12 yo who I adopted through social services 3 yrs after fostering...TPR was filed and parents surrendered. I've had a baby in my care for nearly 2 yrs (birth) whom I wish to adopt. TPR was begun Fall 2014 and parents appealed, requested trial, which was "fact finding"...just occurred this week. Now judge set a dispositional hearing for July this year. How long will this drag on??? Anyone know? Seems to me they did several fact findings...and many permanency hearings. What gives??? Judge can determine one of many things in July, including that baby go to Bio parents??? She has never lived with them...they have not done much in terms of what court requested for services...just weekly visits with baby/s..they have another baby in foster care who is 7 mos. old. Any advice?? We have an attorney and we get the impression all of the parties are in agreement that baby should stay with us. No bond with parents, who were accused of neglect due to being homeless (drugs use on part of mom, mental health issues with her too)...but father is strong advocate. They are still together. Both continue being unemployed, no welfare that we know of, no permanent home...living with level 1 sex offender. What are the odds that judge will give them more time???