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In a nutshell, we fell into foster parenting 8 months ago. Our FD has her permanency hearing in November (one year mark), and we have no clue as to what to expect. Here are my questions.
1. If the BP has not followed through with everything, then, what are the options for the judge?
2. If the judge decides to not continue with attempting to reunify our FD with her BF, then do we become some sort of permanent foster parents? will we be permitted to adopt her? will her BP retain any sort of rights and need to continue having visitations?
3. We would like to go away, out of state, during winter break. In a way, it could be a celebration of us getting to keep our FD, if that's how things turn out. How do we handle this, when the permanency hearing is only about 6 weeks prior to the trip? How do we go about trying to get permission for her to go on this trip, with the permanency hearing so close to it? (BTW, we have no intention of telling our FD about this trip till before we go.)
I know that foster care is not a situation that is consistent from case to case, but I can't help, but want to know what to expect. On top of all of the above, we don't know how to best prepare our FD for the permanency hearing, when we are so unsure ourselves.
Any advice?
TRas
Different counties/states work different ways. But here at the permanency hearing at 12 months, the judge either reunifies the child with the parents, terminates the parents' rights (then you could be named the adoptive resource and start adoption process after an appeal period), or (in rare circumstances nowadays) gives the parents a six month extension.
You should be able to talk to your child's caseworker, CASA or attorney to find out if they are recommending reunification or termination. Whatever they recommend, it will be ultimately up to the judge. But finding out will give you an idea.
So, it will probably be either TPR or he'll reunify them immediately? I will talk to my CW, but right now, they have just revamped most of the people involved as of Monday. They did a big overhaul, reassigning many cases and workers. Hopefully, I can get answers soon.
Will someone be able to tell me this early in advance what the recommendation will be, for the November hearing?
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They don't TPR at the permanency hearing...they decide what is next: extension for services, reunification, or heading for TPR w/ goal of adoption by FP or relatives. It would be pretty early for them to know now which way they will file for in November. The TPR process takes a long time in most states with a year from the permanency hearing to final termination not being unlikely.
greenmama
They don't TPR at the permanency hearing...they decide what is next: extension for services, reunification, or heading for TPR w/ goal of adoption by FP or relatives. It would be pretty early for them to know now which way they will file for in November. The TPR process takes a long time in most states with a year from the permanency hearing to final termination not being unlikely.
Well it's called the Merits hearing here at 12 months -- but they do TPR at it.
Here, there's a permanency hearing at 6 months to just check up on things. At that point, the child can be reunified, if they parents have done their case plan and it's safe to do . There's a subsequent permanency hearing within 4 months from that time (so at or before the 10 month mark) where CPS usually recommends TPR (if it's going that way).
And then at the final hearing (which is no later than one year after DFPS becomes conservator, unless there are extraordinary circumstances for the parents to get a six months an extension) where the judge enters a final order -- either TPR or RU. Here, that final hearing is called the Merits Hearing.
But it's different everywhere.
TRas
Well it's called the Merits hearing here at 12 months -- but they do TPR at it.
Here, there's a permanency hearing at 6 months to just check up on things. At that point, the child can be reunified, if they parents have done their case plan and it's safe to do . There's a subsequent permanency hearing within 4 months from that time (so at or before the 10 month mark) where CPS usually recommends TPR (if it's going that way).
And then at the final hearing (which is no later than one year after DFPS becomes conservator, unless there are extraordinary circumstances for the parents to get a six months an extension) where the judge enters a final order -- either TPR or RU. Here, that final hearing is called the Merits Hearing.
But it's different everywhere.
Which state are you in? I think I want to move there. What you described seems to follow the intent and guidelines of the ASFA. That experience is so far from the reality here in OH. :-(
TemporaryMom
Which state are you in? I think I want to move there. What you described seems to follow the intent and guidelines of the ASFA. That experience is so far from the reality here in OH. :-(
Texas. As of last year, supposedly the only way parents can get a six month extension here is for very extraordinary circumstances -- like going thru cancer treatment or something, not just like being in jail.
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TRas, we're in TX also. we don't have merits hearings, we have permanency hearings. judges don't do TPR around here at the permanency hearings, they set trial or hearing dates. we often go the full route of more than a year.
i guess it's a regional thing.
greenrobin
TRas, we're in TX also. we don't have merits hearings, we have permanency hearings. judges don't do TPR around here at the permanency hearings, they set trial or hearing dates. we often go the full route of more than a year.
i guess it's a regional thing.
Yeah, I guess it depends on the judge. But here is how it's supposed to go in Texas, from what I understand:
Adversary hearing 14 days after DFPS takes custody where DFPS is named conservator (or child goes back home)
Status hearing no later than 60 days later
First permanency hearing no later than 6 months from the adversary hearing
Second permanency hearing no later than 4 months from first permanency hearing
Final hearing (Merits hearing) no later than one year from adversary hearing
Final hearing. The driving force that dictates timely resolution of a child welfare case is the requirement that no later than one year after DFPS is named conservator (or at most an additional 180 days later if the court finds that extraordinary circumstances necessitate an extension), the court must either enter a final order or dismiss the lawsuit.
[url=http://www.tdcaa.com/node/2496]A few things you should know about CPS litigation | Texas District & County Attorneys Association[/url]
And for us (thankfully), that's how it's gone with our three adopted kids (and they are from different regions) and also for our two kids that were RU -- both were RU at the 10 month hearing (second permanency hearing).
I think if states/counties can start to stick close to those guidelines, the kids are going to be much better off. There should be really unusual circumstances for parents to need longer than a year to do their case plan.
(sorry for being on the soap box)
TRas
Different counties/states work different ways. But here at the permanency hearing at 12 months, the judge either reunifies the child with the parents, terminates the parents' rights (then you could be named the adoptive resource and start adoption process after an appeal period), or (in rare circumstances nowadays) gives the parents a six month extension.
You should be able to talk to your child's caseworker, CASA or attorney to find out if they are recommending reunification or termination. Whatever they recommend, it will be ultimately up to the judge. But finding out will give you an idea.
where do you live that they might 'rarely' give a 6 month extension. both our fk's have had TWO one year extensions! TWO!!
soldoutforjesus
where do you live that they might 'rarely' give a 6 month extension. both our fk's have had TWO one year extensions! TWO!!
One year extensions?? Wow. I've only ever heard of six month extensions here... and they're pretty firm about getting kids out of FC and following the 15of22 rule. That's just downright crazy!
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Here a case is considered short if it is done in two years. Of my two forever cases one went 19months and the other one went 2years 3months from start to tpr.
In my state (MO) the average stay in foster care is 32 months. We don't expect any change in status until the kid hits the 18 month mark...and even then they get an extension.
My last FS has been in care over 3 years (no progress on going home). My current 2 have been in care almost 6 years. The boys are beyond ready to get the heck out of care....I'm pretty sure they would let gorillas adopt them if it meant no ore case workers, therapists & court.
From the time they call for a TPR hearing to finalisation of adoption is usually 12-18 months.
soupnazi
I'm pretty sure they would let gorillas adopt them if it meant no more case workers, therapists & court.
:-) That made me chuckle.
Have they been "in care" for the entire time?
Our oldest has been in the "system" for six years as well, but that's included some THPs and back and forth.
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I enjoyed reading this thread, as it helped answer some Q's I had. I seem to be in the same boat as the OP, albeit a year something later.
fosternewbie2010
In a nutshell, we fell into foster parenting 8 months ago. Our FD has her permanency hearing in November (one year mark), and we have no clue as to what to expect. Here are my questions.
1. If the BP has not followed through with everything, then, what are the options for the judge?
2. If the judge decides to not continue with attempting to reunify our FD with her BF, then do we become some sort of permanent foster parents? will we be permitted to adopt her? will her BP retain any sort of rights and need to continue having visitations?
3. We would like to go away, out of state, during winter break. In a way, it could be a celebration of us getting to keep our FD, if that's how things turn out. How do we handle this, when the permanency hearing is only about 6 weeks prior to the trip? How do we go about trying to get permission for her to go on this trip, with the permanency hearing so close to it? (BTW, we have no intention of telling our FD about this trip till before we go.)
I know that foster care is not a situation that is consistent from case to case, but I can't help, but want to know what to expect. On top of all of the above, we don't know how to best prepare our FD for the permanency hearing, when we are so unsure ourselves.
Any advice?
1)We have hearings every six months. Usually if the parents are doing anything on the plan at six months, they get more time. Here, that would also be the point where it is decided whether the parent is safe enough and progressed enough for more/extended visits.
At the one year hearing, things are more serious. Parents usually get more time, but with the understanding they should make the most of it. If the case is bad enough, the goal is changed to adoption.
2)All the goal change means is that things start to move in the opposite direction. Legally, nothing changes. We stay just the FP, but are named as the adoptive resource which makes going to TPR easier. They know they won't be terminating rights and leaving the child without a home. Visits are scaled back and the parents stop receiving services from the county. Any progress they make after the goal change has to be on their own merit.
Here TPR is also a separate court proceeding. It is usually filed after the goal change. That is more time for a last ditch effort from the parents, but rare they do anything with it.
3) We can take our foster children out of town as long as the bios don't have a problem with it. If it means a missed visit, you may have to get respite. Start with talking to the CW about it. Ours have always been great about it and found respite for us when we needed it. But they need to be notified regardless.
As far as advice, GO TO COURT! I can never say it enough. If there was anything to know, your CW should have given you some idea. But the only thing you can count on is hearing it for yourself. Good luck!