parental termination appeal ??!

I don't live in WA, but here in IL, the appellate court HATES child welfare cases. Judges don't want to be in the position of evaluating something as tricky as a termination with only the bare record to guide them. No one wants to be the one to overturn a termination that results in further injury to a child. I'd say the chances of a birth parent deciding to appeal and winning are very, very small. Congratulations on getting closer to your adoption day!

We're involved in our first TPR case, we just had the initial hearing and are now waiting to find out when the fact finding will be. Anyway, from anything I've read on here, it sounds like most TPR's are not overturned unless there was an error. Like the attorney did something wrong, or a clerical error, or something weird like that. Like tybeemarie said, no judge would want to be responsible for putting a child in harms way. I think the chance of it being overturned are minimal. I pray our TPR has the results yours did. I'm also a nervous wreck waiting. Congratulations!

We just went through the appeals process too. Our daughter's TPR was done in November and the appeal was filed one month later (here in CA they have 3 months to appeal, during which time you cannot finalize and adoption). The appeal was overturned in April. Now I understand the father is appealing to the CA Supreme Court, which means we have to wait another three months before we can finalize. Two of our children have been appealed on, but like others have mentioned, most don't ever go through.

Even if they appeal the termination is "frozen" the day it occurs which means if the Mother was a druggie who never got her act together and appeals and 6 mos later at the appeal is all cleaned up and wonderful acting it doesn't matter, the judge can't even consider that, her fate was frozen the DAY OF termination...so in most cases it stands. Congradulations!

I have to preface this with THIS IS NOT LEGAL ADVICE because I'm an attorney - but speaking as a layperson - it's highly unusual for an appeal to be successful. As others have stated, the grounds for appeal need to be PROCEDURAL (i.e. the judge makes an error) and not based on substantive issues in the case. Because this type of case is common and highly specialized (the attorneys only deal in this particular type of case day in and day out), the chances of a proecedural error are slim.

We're in California and our social worker said appeals of TPR are rarely upheld. The only way they could be reversed would be for a major problem, such as the b-parent being denied their visits with the child. Our agency is very careful with that, they make sure to document every visit and follow the judges visitation requirements to a T. I wouldn't worry about it. The b-parent has proven they are unfit to be parents by having their rights terminated. The judge knows that and will uphold the decision. Let us know what happens.

Can anyone help me and answer my questions. I believe I was wrongfully tricked into giving up my rights. I love my kids. I messed up and the same day CPS came 2 days later I had court and they told me I lose all my parental rights and I can never get my kids back. They did not give me classes or a case plan. I was at work all day and my mother had my kids. I came home got into a fight with my daughters dad because he had people in my house. My kids were sleeping in the other room at this point and I got injured. He called the ambulance the police came and they found a pipe in my room which obviously belonged to one of the people in my house I kicked out earlier. Later CPS came took my kids and now I'm left with no chance of getting them back. Not even one class!!!! Someone help me... I'm goiń crazy I miss my babies... If you have any information that can help please email aromero0102@yahoo.com

I didn't read the other posters, so if I repeat somebody else' s suggestion, pls. excuse me :) if they file an appeal, the other court will NOT LOOK into the case, to change it, they will look into the case to make sure ALL THE LAWS were followed!!! ONLY if the laws were not followed, THEN they could overturn the ruling. that's why all the people involved in a TPR, and loong before, make so sure, that they do everything by the book!! they offer all the services to bios, they push the bios to do the services, they give them buspasses to the services & visits, they encourage them and try to help them throughout the case. This is not only done to 'help' but to also built a case !! so once it goes to court, the cw's can state: hey, WE did ALL we could do, no stone unturned, but bios didn't follow up.... so, if all was done correctly, you have not much to be nervous about with the appeal court :):) the only bad thing is, it get dragged out, and takes time, and you have to wait it out, before you can adopt. best wishes!!!

STBAS's TPR was over a year ago. The parents, at the TPR, said they wanted to appeal, so I knew it was coming. However, because it was dealing with them and not STBAS I had no right to know anything or go to any hearings. It wasn't until last month that I found out they actually appeals more than once ... and lost all the appeals. I had been wondering why it was taking so long to get the adoption even started. (WHOLE different vent there.) I too was worried, but after going through the TPR knew there was no chance for it be to overturned unless someone messed up big time along the way. (CW, GAL, etc. not doing what they were supposed to be doing.)

The last two post are correct; It's not over until the judge signs her or his name on the line. State and county CW's main goal is to unified, so keep that in mind because blood thrumps everything. They may not say it to you directly, because they do not want you to be moving the child. My wife and I became De Factor parents because we wanted a say in court. But everyone involved needs to be on the same page, CW's, attorneys. With us there are 4 attorneys involved, 5 with us. 1 for the bio mom, 1 for the bio dad, 1 for the baby, 1 for the county, and 1 for us. You never know which way it will go; so many scenarios and working with CW's, they'll flip flop in a second, I am just venting...

We had an appeal and the bio won, but that is extremely rare. Our second case we haven't heard of bio appealing yet. In some states you have to pay for your own appeal, not in ours. Most bios appeal simply because it's a last attempt to get another chance. I real all the appeals for our state (court nerd here) and 99.99% of them are affirmed (denied). So, I wouldn't let it stress you out too much. Remember that they can't appeal saying they changed or that now they want another chance. There has to be a legal error in their case which warrants another look.

Since the original post was 9 years ago, hopefully OP isn't still concerned about the appeal. :)

LOL! I didn't even notice the date when I read everyone's responses last night. Yes, I hope they are no longer worried and that everything worked out :D

Well, its 2017 and I just found out that the state reversed the parental rights removal after an appeal by the b-moml. I already completed my adoption requirements and was ready to begin a new life with my 2 grandchildren (10 & 11). The case worker told me she has never seen this happen in her 14 years of being a case worker. She also claims that they had done nothing wrong, but they think since the mother claims there is still a strong bond ... I am shocked. The case worker explained that it will now go back to the County judge and we have to wait and see what he decides to do next. I feel helpless and so sad ... the children have made such progress and have great potential. What if she gets them back? They wouldn't even want to stay with her permanently. They love her but they know they are better off with me.

I know in some states once children reach a certain age they are able to speak up for where they want to go. Is that an option in your case? Do the children want to go back with their birth mother? No matter what, this hurts and I am sorry that your family is facing this.