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Once TPR happens on the parent, does that sever the obligation towards the family too or can they still be considered?
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Do you mean can relatives still be considered as caregivers if the birthparent is tpr'd? I think the answer to that is yes, at least in my state. But, relatives must go through the same steps to become licensed foster parents that you did- pass criminal checks, homestudy, home inspection, medical checks, etc. I am going through this with my fosterson- his parents are in the process of being tpr'd, and paternal grandmother was being investigated for care of him; however, she was ruled out formally because there were licensing issues.
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sunsetsky
In my case they did gives relatives one more try just before TPR. I think after the TPR the relatives would not be considered because the relationship is no longer. I think siblings have to get their attorney to fight for visits.
I am doing okay. I thought I would lose it. The weekly visit have stopped. I hated sending my child to those visits. Everyone involved was relieved when we could end them. They were distressing but we couldn't get them stopped until after TPR. I just wish the appeal would move... it is just sitting there waiting.
thats what I am waiting for..the visits to stop. One of my FDs has a seizure disorder because of the brain damage she received and after EVERY visit the seizures would be out of control! We are going for TPR at the end of the month and then visits will be stopped (Yiippee) although I am nervous the bio will appeal the TPR decision (although cw says she doesnt think bio will) just knowing the visits stop is worth it all!
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In the 5 states I have worked with all of them would consider extended family after a TPR, this is because several factors wiegh in to when an extended family member will step forward. Many extended family members will not step frward until after TPR because of family tensions, they may think the kids will go back to Bio parents or that the TPR will fail, or they have been told that they will have family issues if they step forward sooner but when it comes down to TPR and they realize that they are losing the child from the family forever they then take the risk and step up.
I can't imagine them not considering a family member for placement just because they have TPR the parents. All TPR means is that the parents no longer have rights, it doesn't mean the extended family or the child does not have rights. TPR makes the child a ward of the court not of the bio or foster families, so I think that they would all be on equal footing following a TPR.
I too was relieved for visits to stop after my ason's parents were TPR'd, it took away a huge stressor.
I didn't mean that they would to considered. I was trying to say that they wouldn't be automatically be given to relatives after TPR. I was told that if any relatives stepped up before TPR they would move my child if they were able to pass a homestudy. He was with me at that point 16 months. I think after the TPR ... that is not the case. My son was with me all of his life and the relatives still had first chance to adopt him. It was the most stressful thing I ever been through. They were 10 business days to decide. They had said no several times before but I was told by law they have ask one more time before TPR. My son's family is pretty normal for the most part ... so I was terrified. Now... the judge wants me to adopt him. It was part of the TPR. It was stated in the case as the best interest. Even my son's parents feel that way too... even though they are still fighting. They are happy he is with me.
Here in MI, the child cannot be removed from foster care until available for adoption, if the child has remained with the foster parents for 90 days. It totally ruined things for us, however, because we didnt know our niece existed until she was 6 weeks old, then it took a long time to get everything done. After we got our homestudies, we found some serious inaccuriacies, and by the time those were ironed out and we recieved visitation, she couldnt be moved until tpr occured (she was 6 months old by then). We eventually pulled our application, because of the bond the foster parents had to her. We've regretted it ever since. I hate that stupid law. :(
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Legally speaking, only mothers and fathers have legal rights to children. Aunts, uncles, grandparents, sisters, brothers, and whoever else have NO legal rights in these matters at all. That said, a district court judge has enormous discretion to decide where a child is placed. Basically, it's totally up to him or her. Many judges prefer biological kin over foster parents, even foster parents who have been raising the child for years. (IMHO, this is not good for kids). On the other hand, many progressive judges are learning more and more about psychological attachment, and are less willing to entertain a relative's request to have the child placed with them if the child is attached to a fost/adopt home.
Boulderbabe
Legally speaking, only mothers and fathers have legal rights to children. Aunts, uncles, grandparents, sisters, brothers, and whoever else have NO legal rights in these matters at all. That said, a district court judge has enormous discretion to decide where a child is placed. Basically, it's totally up to him or her. Many judges prefer biological kin over foster parents, even foster parents who have been raising the child for years. (IMHO, this is not good for kids). On the other hand, many progressive judges are learning more and more about psychological attachment, and are less willing to entertain a relative's request to have the child placed with them if the child is attached to a fost/adopt home.
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MPJJJ
Here in MI, the child cannot be removed from foster care until available for adoption, if the child has remained with the foster parents for 90 days. It totally ruined things for us, however, because we didnt know our niece existed until she was 6 weeks old, then it took a long time to get everything done. After we got our homestudies, we found some serious inaccuriacies, and by the time those were ironed out and we recieved visitation, she couldnt be moved until tpr occured (she was 6 months old by then). We eventually pulled our application, because of the bond the foster parents had to her. We've regretted it ever since. I hate that stupid law. :(