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I have a FD who is 22 months old and has been here since birth. We previously adopted her half-sister (same mother). The father was incarcerated when she was born and was recently released after maxing out of a 2-year sentence. (He acted up a lot in prison and was denied parole at every opportunity.) The baby's goal was changed to adoption in August. We just had a court review again in December and the agency did not move to terminate rights. Instead, they granted the father visitation every other week. I don't understand why they can do this? I thought the Adoption and Safe Families Act mandated that states move to terminate rights after a child has been in care for 15 of 22 months? The baby has had two visits so far and her behavior has regressed. She is now sucking the binky all the time and carrying around her blanket. She fusses when we try to get her coat or shoes on to go somewhere. She won't nap and she is up in the night often.
Our FD's child advocate lawyer isn't doing anything to help. We don't have CASA here, but I talked to a CASA person in a neighboring county numerous times and she advised me to either contact the Department of Public Welfare to inform them that CYS isn't following the regulations, contact the judicial review board because the judge didn't order the agency to move forward, or to get a lawyer to serve as "friend of the court" and provide a legal brief stating that the court is in error. We are having trouble finding a lawyer who is well-versed in this area and willing to do this. Just looking for advice or any experience in this realm. The thought of this almost 2-year-old child being uprooted and placed with a stranger to her makes me nauseous.
Thanks in advance.
If DYFS can show just cause, they can extend the ASFA time restriction, him being in prison im guessing was their just cause. I dont see why they wouldnt move to terminate the birth mothers rights tho.
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We were told by SWAN legal warmline that the compelling reason not to terminate has to be child-centered. Considering that the visitation is upsetting our FD emotionally, I'm not sure how they could say the reason is child-centered. It seems to be centered on the fact that the father couldn't do the things required on his case plan (parenting classes, etc.) from prison. (Although he could have been a model inmate and earned parole to get out and get those services. Instead, he chose to act out and acquire more charges and max out his term.)