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We had a review court date in June to tpr,then there was an answer to the tpr in July. The termination hearing is in Sept. What happens at the termination hearing? Can our family members go to support us in our decision to adopt?
I believe, but not sure, that the answer to the TPR is the judge agreeing by what he reads and hear that TPR hearing should be set. Then a TPR hearing is set and the Judge hears everyones side. Sw will give their reason why Tpr should happen, b-parents give why it shouldnt or sometimes they agree with tpr. Then the descision is made. I personally do not think that your family member should go. This is very emotional thing for b-parents to go through, it is not a celebration. My heart ached when they terminated my sons b-moms right. To see her cry and look at us with tears and say please take care of my son. Or to see the grandparents cry knowing they are losing a grandchild is the saddest and most heart wrenching thing I have seen and been through. They love him, but thing have happened in their lives that could not allow them to parent him. Yes I was happy that I was a step closer to adopting him, but believe me I also felt awful for her. Your family can show their support by going to the adoption and celebrate then, a time when a family is made. But for me TPR is not a celebration, its a time for sorrow. Its a time when a family is forever seperated.
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When TPR is deamed to happen, the state will usually try to get the parents to sign voluntary termination (relinquishment, voluntary TPR) and it saves everyone time and money. The bparents get a copy of the movement to TPR and they can either accept and sign or take it to trial (this apparently happened July). It sounds like they are not agreeing with the TPR so it's going to trial. The state doesn't usually attempt TPR without a near guaranteed win. Often when bparents take it to trial rather than sign, their credibility and character is ripped to shreds. Often times bparents will sign as late as the day of the trial to spare themselves (my cw told me it was about 90% of cases she's heard of sign before trial).
If you are an adoptive resource or a fosterparent, you will probably be issued a supeana (sp?) to appear at trial ready to speak about the child in general and their special needs etc.. In our state the AAG's assistant usually interviews you prior.
Typically after TPR, whether voluntary or involuntary, the bparents are given 30 days to appeal. This does not mean a judge has to accept the appeal though.
Your family members probably wouldn't even be allowed to go. I'm not sure what the laws are where you live - but *I* may not even be able to go to my foster son's TPR! I'll only be able to go if he requests that I be there, and may have to leave if his parents request that I *not* be present. In that case, they'll bring me in to testify, but I'll have to wait outside the rest of the time. It is a privacy issue for the parents - I can see the point -they shouldn't have to go through something so humiliating and emotional with a bunch of spectators, and I think some of the testimony in our son's trial is going to be very, very nasty and ugly. I wish *he* didn't have to go, but he is 15 and has a legal right to be present for it all.