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As many of you may know we've had D in our care since she was 4 days old, she is 10 months old now and yesterday I attended the scheduled Judicial Review. While talking to D's CW before the JR she told me that she believed the case expired in December and that there was no plan to extend the case plan, problem is that D's bmom has been in prison since she was a couple of months old and will not be released until late November. My fear is that they will start cutting corners and RU D with her bmom w/out expecting that she complete all of the conditions in the case plan. For example, the case plan states D's birthmom is supposed to attain employment and a place to live and retain such job and housing for a period of 6 months before she is reunified with D. If this was not upheld the likelihood D's bmom goes back to using drugs after RU in my eyes multiplies. I wish that they upheld the conditions of the case plan to allow D's birthmother to feel the full burden of every day life in order for everyone to verify whether or not she will stay clear away from drugs after what is reported to be 10 years of illicit drug use/abuse. Her drug of choice is crystal meth and I fear for D's safety if her mother ever relapsed. What are D's rights and how can we safeguard them? What do you suggest we, as her foster parents, do!? We love this baby as we do our own bio boys, but we support RU if her bmother does what is expected of her, otherwise, we would feel blessed to be able to adopt her. Does anyone know of any similar situation in which the parent was incarcerated and released shortly before the case plan expired? I know they are going to staff the case, and I know it is possible they would change the plan from RU to TPR, but really, what are the chances of that happening?All insight is wanted and welcomed. Thanks!
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When mom gets out of jail they have to provide her with a case plan. This is part of the cross every t and dot every i to ensure if the case goes to trial they have offered her the services to get her daughter back. How long they give her is another story and I can't speak to that. Chances are that she won't be able to complete it. As far as advocating for your FD there are few options since we are 'only' foster parents. We really have no rights other then to make the powers above such as DCF and the folks who sit on the committee for children, families and elder affairs aware of the situation. You can find their email addresses online. Does your FD have a GAL assigned to her case? If not, I suggest at the next JR you ask that one be appointed. The waiting game stinks, and it's beyond me why the courts don't follow the laws on the books. Good luck!
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Get a GAL. That is the first thing you need to do. Next thing is sit back in wait. They will not change to TPR so soon. Since the mother has been in prison, they will wait until she is out, give her a new case plan, then if she does not complete that, they will look at TPR. No judge will TPR when the parent has been unable to work,or attempt to work on the case plan, because of being in prison. Very few judges and CM's will even suggest TPR at this point. It is uncommon to go TPR before a year.
Thanks for your replies. Since posting I did contact our fd's former GAL, he is no longer on the case but there is a volunteer GAL still on it. I asked the former GAL to please be sure to discuss how important it is for our fd's bmom to comply with the housing and employment goals; not only to attain stable housing and employment, but to maintain it for a period of 6 months before the courts are to consider RU. I am keeping my fingers crossed and hoping for the best, something in my gut tells me our fd's bmom is just not prepared to kick her drug addiction, and we won't know whether or not that is the case unless she's allowed to feel the full burden of every day living before she's allowed to have D back.