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I am a traditional non kinship foster home and took the PRIDE training. During the classes they encouraged foster parents to attend all the court hearings, so when I was placed with my first FD I asked the caseworker about going to the hearing (they take place every six months). She said I couldn't be in court due to privacy issues and the judge probably wouldn't allow me in but I could sit in the hallway. This confused me after what I was told in the classes. I thought that the Foster Parent Rights Act allowed for us to be in the courtroom. I asked around and most people said that we were entitled by state law to be at hearings, but that individual counties or judges have their own policies. I called the DCFS advocacy office and they said that judges don't always follow the state laws and policies and there is nothing they can do about it! Recently there was another six month court hearing and unfortunately I am stubborn so I decide to go. I told the CW ahead of time I was going, she never said anything negative about it like the last time, but at court she distanced herself from me. As soon as the judge started the hearing, the attorney for the mom in the case told the judge that there was an interloper in the courtroom. (Mom had complained to him that I was there). I almost had a bathroom accident I was so scared!!! The judge asked the attorney to point me out (I wanted to disappear). Then the judge had me stand and say who I was. Then he asked the attorney why I shouldn't be there. The attorney said I had no part in the case and some other stuff. The judge asked the three other official people in the courtroom what they thought and none of them had an objection. One official (she was the one presenting the case but not from my private agency, maybe DCFS lady?) said that foster parents had a right to be there and to speak but acted confused like she had never had one come to court before. Finally after asking everyone about it, the judge said I could stay through the permanancy part of the hearing. I had just wanted to observe, but towards the end of the hearing the judge asked me if I had anything to say. After all the fuss I caused earlier, I felt I had better say something, so I just stood and stated politely that the my FD was eager to return home to her mother which is true. I was polite and respectful of the serious nature of the proceedings. I spoke appropriately to the judge and used "Your Honor" each time I spoke to him. I also thanked him when he dismissed me from the courtroom. Having been through two child support/custody cases I know how to behave before a judge. The court reporter and I exchanged glances at one point and she smiled a little as if she were encouraging/comforting me. All in all, I didn't learn much more than I already knew about the case. I have seen the mom since then and it didn't seem to affect our relationship. I am glad that I stood up to "the system" and was allowed to be there. BUT I don't know if I would be brave enough to do it again!!!! This was in Sangamon County. What is your Illinois county like?
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We are in jersey county in southern Illinois. We haven't yet received our first placement, but I was told that in a neighboring county(Madison) the judges were real sticklers about letting FP in the court rooms. We actually had a judge in our PRIDE classes, from another neighboring county, and he said he always aloud FP in the courtroom. So it just depends on the judge. I applaud you for going and standing up for yourself. I don't know if I would have the guts to do it:)
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We are also in Illinois. We went to court in McClean county. We did not have any problems with being in court. We went to everyone for our son. Most were only 2 minutes long but either my husband and I were there for every court date for my son. We were also in the room when our son's mother signed her TPR right before her trial. Our CW told us that we did not have to be there but we knew that we were adopting him and wanted everyone involved to understand how serious we were about it. He was placed on June 09, TPR September 09, and adoption finalized May 10. Editted to add: We were also told that FP in IL have the right to be in the court room.
ladyinred3333
Editted to add: We were also told that FP in IL have the right to be in the court room.
We were accidental foster parents to our son so we did not even take the PRIDE classes. We only took the classes for the Infant Adoption. I agree with you completely about the court cases. I could understand if there are a few moments that are private and we had to leave but you are taking care of these kids and they can trust you with the kids but not in court? I don't understand that. When we were going through all this with our son, the birthparent tried to tell us that she was trying to revoke the TPR in March (that is a whole different story) but my husband and I were on the phone with everyone we could get a hold of. We talked to pretty much everyone but the judge on the phone to make sure that it wasn't possible.
I have been a fp in Il for five years, I have had cases in three counties, and I have always went to court. There has only been two times where they asked me to leave a courtroom, once was when they wanted me to testify and they didn't want me to hear the other testimony, and the other time was for a brief moment while the judge explained to the mom the difference between surrendering and terminating. The last judge in my county wanted to make sure FP got their say, so he instituted a FP report that has to be present for all court hearings, it is so nice to have a little voice. I have been asked to speak dozens of times in court, almost all of them caught me off guard! It is our right to be present. I have only missed court 3 times for all of the placements I have had, for awhile I was going every other month!! Keep going show yourself, I think it helps everyone remember that there is more involved than just the bios.
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I'm not in Illinois, but I was born and raised there. I too am a foster parent. In our classes we were also told we had a right to be there. But with each case that I have wanted to attend, the worker would say "oh no, lets not make anybody mad" What????? As far as judges changing policies in different counties....I think we all need to write to the chief justice and ask what is going on when we are told one thing, and judges have their own "laws". Remember, we vote these guys/gals in, we can vote their butts out. :)
Hi, After getting a few replies, I am even more upset about the disparity between the state law and individual judges/counties making decisions to keep foster parents out of the courtroom. If you wouldn't mind, please let me know whether or not you are allowed and/or welcomed by the judges in your counties. If you have the judge's names, that would help also. You can PM me if you don't want to post it. I would like to contact DCFS and speak to them about the issue again. If I have to get the policy in writing from DCFS and bring it to court, then I will. That way if I am denied access to the court, at least I would be able to read the letter in court to state my case and it would become part of the case record. I hate to be a pain in the bottom, but why have a law if it can be ignored for no reason? Thanks in advance for your responses!
horselover58
I'm not in Illinois, but I was born and raised there. I too am a foster parent. In our classes we were also told we had a right to be there. But with each case that I have wanted to attend, the worker would say "oh no, lets not make anybody mad" What????? As far as judges changing policies in different counties....I think we all need to write to the chief justice and ask what is going on when we are told one thing, and judges have their own "laws". Remember, we vote these guys/gals in, we can vote their butts out. :)
SingleFosterFemale
Hi, I hate to be a pain in the bottom, but why have a law if it can be ignored for no reason?
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I'm not in Illinois, but I'm in southeastern Wisconsin. During one of our visits with the CW, I asked her how things in court were going. She said "Oh, you are more than welcome to come!" I agree that it's weird to have a law but have a judge ignore it. That being said, kudos to you for going anyways. Takes a lot of courage and I'm sure you did the right thing.
I live in Madison County, Illinois and foster parents are NOT allowed in the courtroom. I am in a relative placement right now and still not allowed to enter the courtroom. I've only gone to 2 court dates and had to sit in the hall. My DD also sits in the hall most of the time and only the lawyers and the judge are in the courtroom. I'd like to have a copy of the law with me next time I go so I could show the judge, but the bailiff will not let anyone in until the judge asks for them to come in. Until then you wait in the hall. EVERYONE waits in the hall. It's nuts! And that's why I still have an open case after having my GS for over 2 years. I think Illinois has one of the worst CPS systems in the country.
Our caes were always heard in Chamaign County. I went to every court hearing, but I did sign in as to who I was and my relationship (foster mom). I was weary at first of signing my name, but it was an unfounded worry with these BP. There was one time I was asked to step out of the room, due to stuff about bio sibling, who was in another home, being talked about. It really did help me understand what would be coming in the future and some of the why's. BM and BD had different plans of sorts. It was RU for both, but FS refused to have supervised visit with BD which meant they couldn't move on the unsupervised visits at home (when BD was there). In the end, they changed the goal for FS to independence. If I hadn't gone, I would have never known why. It may depend on the case too, and if "private" information is given. However, if it deals with your FC, then I think you have a right to be there.