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In Florida, our current incarceration law does not allow for TPR unless a parent will be incarcerated for a substantial portion of the child's life before the age of eighteen. They decide if it is a substantial portion of the child's life by looking at how much time is remaining (until the child is eighteen) when the parent gets out. The way it works right now, if you get a newborn, for example, as a foster child and the parent is or becomes incarcerated, the parent would have to remain incarcerated for nine years before the state would terminate. Any less than nine years and the parent would be given a chance to complete a case plan upon release. I know that this is in direct conflict with the Adoption and Safe Families Act but it is the law here and this is the way it is done. In my opinion, this is totally ridiculous. For a child to be raised by a family for years and then be moved to an uknown (biological) parent does not seem to be in the child's best interest. Or the child may be moved around in the foster system several times over the years which is also unacceptable. On the other hand, a child who is old enough to know the parent and have established bonds with him/her and to maintain contact may have parental rights terminated with a much shorter sentence because of the time remaining until the age of eighteen.
This law seems backward to me. There is a senator here who filed a bill last year to change this law. But it didn't get very far (I think because the senate mostly worked on budgets and how to deal with the economy). Basically she proposed changing the wording so that instead of saying a substantial period of time the new law would read a significant period in the child's life. This change would bring about permanency for so many children who are in the foster care system in Florida. Below I have posted the original wording and the senator's new wording. I know there may be people who do not agree with changing this. However, if you do, it would help to have as many people let the senator know as possible so I am including her email address. If you feel so inspired, please send her a quick email just asking her to reintroduce this bill this year because there are people who care about it. She is in the deciding stages of whether or not to introduce it again.
I do have personal experience with this law as I have two year old twins I have had since birth that I am expected to raise until they are five. At that point, their mother will be given a case plan and have a year to complete it. So, I am expected to have these children for six years. I also have a one year old who is most likely going to be in the same situation. His mother has a trial coming up in which she is most likely going to get 3+ years sentence. I have been a foster parent for nine years and I fully support reunification and have worked with several parents to achieve this goal. I just feel like this situation calls for change in the law.
Current law - Grounds for TPR - The period of time for which the parent is expected to be incarcerated will constitute a substantial portion of the period of time before the child will attain the age of 18 years;
Suggested change - SB 896 -The total period of the parent's incarceration is significant to the child considering the child's age and the child's need for a permanent stable home. The court shall calculate the period of incarceration beginning on the date that
the parent enters the correctional institution or facility
Senator Rich's email - rich.nan.web@flsenate.gov
Tracy
Mom, Adoptive Mom, Foster Mom to Eight beautiful children!
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