Do I have any rights....?

I thought under the ASFA, workers were REQUIRED to file for TPR after 18 months in foster care, no matter what had happened in that time that was an obstacle to RU and no matter how out of the birth parents' control those circumstances were. Is it just up to the cw's whim?

We thought we were getting somewhere the director got changed and we are waiting all over again. She got put in respite with someone she has no history of knowing or being with and she didn't do well being dropped off. they are teaching stranger danger to her and then place her with a stranger. I just don't get it....

If you signed the Intent to Adopt, she should be in your care right now.

I wish we did. They haventt told her that we plan to adopt and they don't plan to move her until December or later they said. Its been long hard road. Its been almost three years that we have been going through all of this. Its not like we are strangers we are her family....

We signed it in march. I wish she was here.... They are talking about moving her in December but havent even told her the plans to do so and wont tell her until the end of aug. they said.

She should have been in your care way before you signed the Intent to Adopt. Time to call an attorney. Her final visit with her parents should have happened within a week or two after the TPR. Is she with an agency or county? If she is with an agency then call the county and voice your concern and go from there, if she is with the county then call an attorney. You can even write the judge. Good luck.

where exactly are you in the icpc process? If they're sent the request to your state and you're state's approved, they should be moving her asap

This is completely unacceptable, and probably illegal. There are federal laws about timing in all this.Here's a list of ppl/places/ agencies to call. Get on it, all of them, till you have positive results.The first thing you say, every organization is, "(Hello) (Hi) (whichever is more comfortable for you), I'm calling because I need your help." As you go through the conversation, keep dropping in, "I hope you can help me." and/or "I'm hoping you can help me help this little child. (She's suffered enough.)"That's magic: it engages people to *want* to help you. Learned this years ago, and my "success" rate in calls skyrocketed.Call the NY State Bar Association. Don't tell them yr whole story, just ask if they have a subgroup or whatever of atty's who're familiar with ICPC, with holdups in transferring foster children to a *relative* out of state. Tell them it's been 3 years, you don't know why the agency is dragging its feet.Call these guys:Adoption Photolisting - Children In Foster Care Awaiting Adoption.And I do mean *call*. Let them hear your voice. Keep asking to be transferred till you get help. Cry if you need to as you tell your story. Ask them who's the best atty they work with in the area your soon-to-be-adopted daughter is in. Tell them about the stranger respite. (Yes, different advice than for the attorney org!) *Ask* them why the agency might be dragging their feet, sound naive and confused when you say that. (They know why -- it just brings it to their consciousness and makes it more of a moral issue. Which it is, this is unconscionable. It's creepy.)Does she have a CASA? [url=http://www.casaforchildren.org/site/c.mtJSJ7MPIsE/b.5301295/k.BE9A/Home.htm]National CASA - Court Appointed Special Advocate Association - CASA for Children: Advocating for Abused and Neglected Children[/url]Does your state have a CASA org? If so, call your closest office, and ask for their help. Ask who's the best ICPC atty in NY. Tell them the agency appears ready to keep her in limbo through December, after THREE years, and you don't want the child to suffer further. It's OK to cry with these guys, too.--Or ask them for a referral to the CASA organization closest to where the child is. Even IF this child has a CASA, call the local CASA org. Ask them what's up. U know the drill with that by now. Ask them to explain to you what the legal, legitimate reason there is a holdup.(Heck, if you get an atty to write an official letter to the agency asking them to state in writing the legal, legitimate reason for the delay, you'll probably have the child faster than the written answer.You could pursue that yourself, write that letter, Cc it to:Your US Congressperson, your senatorsthe child's congressperson and senatorsYour State Congressperson, and senatorsthe child's State congressperson and senatorsthe licensing agency for agencies in NY State -- oh yes, do this, very importantan ombudsman for foster care/dshs in NY State, if there is oneombudsman for foster care/dshs in your State, if there is oneYour governorNY governorAnd if possible, walk into a congressperson's or senator's office where you are, and talk to the aids about this. You might be surprised what a little call from *your* CGP or Senator to HER (the agency's) CGP/Senator, could do to wake this agency from it's avarice-based, idiotic, cruelty.Here's another sample of what to say, "I know I don't know all the rules and regulations, but it seems to me that this is just cruel for this little child to have to wait any longer. Why would they make her wait? How can this possibly be good for her?"DON"T hire someone till you've called at least 3 of these places, and have a short list to interview, or see if any of the atty's overlap. Then somewhere online find a list of questions to ask to interview atty's. Use them. Pick a good one.Search for non-profits in the NY area where she is who are championing "the rights of the child." There was a HUGE lawsuit that lasted years in NYC area, I can't remember the book about it, but a truly dedicated team was trying to improve outcomes for foster children. Trust me, there are agencies out there who are dedicated to just that, at this moment. (The book was *horrifying*, detailing so many agencies "hanging on to" children to pad their budgets, and turf wars for keeping children in one agency vs another. Horrifying. And it wasn't very long ago in time.)Bottom line: This agency gets paid $$, and probably BIG $$, to "supervise" this child's case. This delay is about that -- keeping those checks coming. It canNOT be about anything else, because this isn't moral. It's not "best practice" and it's not *legal*. PSYou know that letter I mentioned? I would seriously pursue the congressperson/ senator avenues, and before the attorney, because it's free. These offices are not naive. I know a state senator personally, and her aide told me that they know of 25 cases where things with fos care/ adoption were out of control. PPSIf all else fails, there's always telling a reporter. You think that you don't want to lose this child. The agency thinks that they don't want to lose their license.You could also check with NY State (ombudsman, or licensing with the state) to see if there are other complaints about this same agency. As well as simply asking, "Is this a common complaint about this particular agency, that they are holding on to children and not releasing them.Hope something here helps. Go, mama/papa bear! It will be work, but I'm sure you can succeed!

It is so insane when kids are trapped like this. Our daughter was moved from the foster parents she was with for almost 5 years (WAY TOO LONG TO BE IN CARE) to a random home for 2 months before placed with us. Of course, they decided that they wanted to adopt her. I hope she comes home to you soon. I agree, an attorney will get things moving.

Out-of-state placements do take a while, but being that you are related and wanting her in your home, I honestly don't see what the hold up is. I'm thinking rights must not have been terminated for long or her mom would've already had the final visit. You might ask when the next meeting is and ask that you attend. That way you can share your concerns with the team and get their feedback. Sometime when a case worker is holding things up, it helps to voice your concerns with the whole team because there may be other team members that agree with you.

I would suggest showing up at the meeting WITH YOUR LAWYER. Three years is ridiculous!

I would show up on the agency's doorstep to be heard. Or I would call every single day. 3 years and there is still talk about *might* be moved in December??! No. Seems like they are trying to get the foster parents more time on paper to show the judge on why she should stay with them. DEMAND action before it's too late. It's amazing how papers get lost on purpose IMO.

Getting things moving now! We have her thursday thru sundays now!!! =) We have court tomorrow.

wahoo! :clap:

Thank goodness. What changed?