tpr being overturned after adoption?

Regardless of what happened then.. it is done.. so.. I wonder then. Is any one really taking the childs feelings into mind here? 5 i a hard age to determine what would be best.. he has been with the foster/adoptive family longer than he was with his bio mom.. and yes.. she did do things correctly.. I can understand the emotional aspects on both sides. But.. if they cant agree on something that would benefit him. There will be no good outcome for him. They need to work together and coparent or something. It isnt the best scenario for the adults.. but what about him? He knows and loves them all. so they need to suck it up and do what needs to be done for him.. not fight over him.. but do fight the state somehow.. to make them own up to the wrongs here.

Lori, You are right in that they all need to suck it up and figure out a plan. But the kicker is that it will have to be the adoptive parents leading the way, we don't even know if the mother knows who the adoptive parents are...do you think that is likely that the adoptive parents will do that? Or will they simply exhaust all efforts legally so that enough time has elasped that the courts have no choice in saying 'in the best interests of the child the child stays with the adoptive family"? If that happens how do you think the child will feel 20 years from now? Kind regards,Dickons

Dickons, Good point about deployment. In this case it sounds likethat this child belongs with her bmom and needs to be transitioned back as well as having the adoptive aparents in her life. All the adults in this situaion needs to act lke adults and understand that what is best for this child is to have both her mothers in her life. Equally...not an open adotion thing because that does give all the power to the aparents and this child needs to know her mother who has done nothing wrong to the child...I don't know...shared custody..transitioning.... ? But forthis little one to lose her biological family(if in fact they are good for her) and lose stability....I don't know I sure hope that those that say the LOVE her really do and can act for her benifit

I think there are lots of holes in this story - I know that sometimes sentences are shortened, or eh - can't think of the word - suspended? But it doesn't mention any of that.... IF Why isn't she in prison? The boy was 20 months old and is now 5. That's no where near 8 years. And I guess, this does, to me put it in a little different file that someone just working their plan. If her sentence is suspended, the way I understand it is that if she messes up during the term of her suspended sentence she is immediately returned to prison - where most parents with drug issues just have to work their plan and if they mess up the plan is either changed or tpr occurs, they don't get sent to jail. I agree the adults need to work together but I think there may be more to this story than meets the eye. We've got the beginning and the end but none of the middle. And yes, I think being in jail is FAR different than being deployed. Not even close to comparable.

Well, not saying there aren't plenty of holes in the case, but if you look at her prior PRISON record, she had 7 prison sentences. DOC only registers prison sentences, not regular 'jail' sentences. I'm guessing that her long history of prior arrests factored into them going for TPR. She was sentenced 8 years for this crime, only had to serve 4 years. (about) That seems to be the norm to only serve part of the sentence. Part of what bothers me....at the end of the video interview, the reported said he asked bio mom what she would do if she got him back...her response was to take him to Chuck E Cheese everyday for a week. Which to me, proves she has absolutely NO clue what kind of trauma it would do to him to be removed from the only home he REALLY knows. Not saying they can't work on a good transition, but this shows me she's all about the fun, not about really thinking about her son's feelings and emotions.

holes in the story is what I said........ very different. Didn't listen to the video - didn't realize there was one. Wil go back and listen - probably tomorrow. These quick news stories though sometimes leave so much out - I wasn't siding with anyone. Although my frist reaction is always against the convicted person. These stories are written to incite "debate". My main reason for posting is that I know alot of good people serving oversaes. I would go to the mat for any service person whose child was involuntarily tpr'd because they "couldn't be found". But there IS a difference between a felon and a person - man or woman - serving our country.

Did any of you actually read the Indiana Supreme Court ruling on WHY TPR was overturned? Facts vs media? Dickons

I read every word of it and I so strongly disagree with the ruling that I can't even think about it without getting angry. At the time TPR was granted, this baby had already been in care for 26 months and the mother was not due to be released for another 2 years. That's 4 years in foster care for a very young child! It's wonderful that this woman seemed to have turned her life around, but she coudn't parent from prison and 4 years is too long for this baby to have to wait for a permanent home. A couple of hours a week of visitation does not a mommy make! Yes, it's true that she ended up getting out earlier than originally expected, but still the child had been in care for 3 years. I hope the family continues to fight this disgusting ruling and is ultimately successful in keeping this boy with the only family he truly knows as his own.

This is just my opinion, But it would seem that the adoptive parents are willing to fight to keep him. That tells me that they care about his well being. So, I would also then hope they would also care enough to realize that any decision made by them, bio Mom or the courts would effect this poor little guy. And 5 is old enough to know that something is going on. even if they dont understand what or why. another assuption ( of mine) is that they would make every attempt to make those effects positive ones ,not negative. I understand how each family would want to fight, they both believe themselves to be right. But.. again.. what is done is done.. that is a long time to leave a child in care.. I agree. there is a long history with Bio..and they ALL need to at least try to make the outcome as good as it can be. If that means the Adoptive parents keeping up the fight.. and winning the case. then they should also attempt to make contact with Bio. to see if they cant work something out so that there can still be contact. Whether they try to have a mediator.. DCS , or therapist help them accomplish that goal. At least they will have tried. If Bio. will not agree. then she has again made another poor choice.

JackieN, Your math is incorrect. Jan 06 - child went into careMay 07 - TPR filed at 16 monthsMay 08 - TPR granted at 28 monthsApr 09 - TPR overturned at 40 months Your opinion as a PAP or AP is different than my opinion as an adoptee. Dickons

how long after the tpr was granted did the adoption take place? do you know?

I don't know but believe the foster home (the only foster home this child had to my knowledge) is the family that adopted this child so I would guess pretty quick. I really cannot see how a child as young as this would truly understand the difference in relations to the battle cry of "permanence" used in this context/case. The child has not been bounced around the system which then may make the concern more valid. Kind regards,Dickons

Why did her family not take him when she went to jail? I'm guessing the only reason he went into foster care to begin with is b/c she had no one else to care for him? There are plenty of people who go to jail and have their family take legal guardianship over the child until they are released.

[URL="http://www.ai.org/judiciary/opinions/pdf/04240901fsj.pdf"]http://www.ai.org/judiciary/opinions/pdf/04240901fsj.pdf[/URL]

We attach significance as well to the evidence in the record of Mother‟s commitment to reunification with G.Y. from the very point of her arrest. Within two days of her arrest, she had made arrangements for her sister to take care of him while she was incarcerated. Id. at 15. During the CHINS proceedings, she attempted to arrange foster care first with her sister, and then with a friend. Those attempts failed when neither of these individuals completed the required foster care classes. Id. at 18-19. Next, a "friend of the family" attempted to execute an "open" adoption which would have left it open for Mother to visit G.Y. at her discretion. This did not materialize because of the friend‟s medical condition. Id. at 19. Her sister then unsuccessfully filed for placement. Id. At the time of the termination hearing, her mother had requested placement. Id. at 20. Mother testified at the termination hearing that it was in the child‟s best interest "to be with my family. To know his birth family . . . To be taken care of and loved, and know that he‟s taken care of and loved by his family." Id. at 8.

She has done everything right - never abused the child - did everything asked and has even achieved a Degree, employment and home - plus the court did not find justification for termination nor that the child staying in foster care would be harmful to him.

Dickons

Then you don’t believe in parental rights. She has a right to be given the opportunity to raise her child and if she can’t, then he should have been placed with family. Regardless, I think it’s awful that you are hoping she fails when she already won and CPS doesn’t have any problem ripping away kids from their families they’ve known their whole lives at any age, terminating there parents rights, adopting them off and then the adoptive parents to completely cutting ties with the bio family of the child(ren). Such a double standard here. She turned her life around and can parent her child, she fought and won her appeal… therefore reunification SHOULD happen.