TPR being appealed

=( hang in there...it's a matter of time, really...not likely to be overturned!

Sorry to hear that. It is so frustrating. We've been in appeals on our fs for 7 months now. Hoping to get resolution before the end of 2012 but not holding my breath. Hope yours goes more quickly.

Wow, 7 months...I was hoping for less than a year, guess not.Thanks for the support.

SO sorry to hear this. At least it was soon after TPR, but it still really sucks. Hopefully it will pass quickly.

Sorry for the bad news. :( I'm curious exactly what happens during an appeal? Is it like the TPR trial all over? Or are they trying to prove that somehow the TPR trial was not legally conducted?

I'm not an attorney...but here you can't appeal just to appeal you have to have grounds (or allege them) misconduct, misrepresentation, new evidence, error...something like that.The transcripts from the trial have to be requested...an new public defender appointed and then a brief written by the petitioner...a response brief and then another reply brief...talk about a pain... I'm attaching a link that shows a legal timetable.[url=http://www.wisspd.org/htm/ATPracGuides/App/tprtt2.asp]State of Wisconsin SPD[/url]

I think that is exactly it, jamie. The lawyer filing an appeal would have to prove that there was something legally wrong with the case as presented to the judge which would merit a new TPR trial. The appeal itself wouldn't overturn the TPR, it can only determine if a new TPR trial is required. Sort of like a mistrial being declared, at least the way I understood it when it was explained to me. Basically, a different court or judge reviews the case and decides if legal procedures were followed.

Every state does things differently. Here in Kentucky you do not have the right to a GAL (public defenders only do cases that the person is at risk for incarceration) on appeal. They either do it themselves which is really unlikely since appellate practice can even be confusing to attorneys or hire an appeals lawyer which can be costly given that it's a niche practice. And just because notice is given doesn't mean the actual appeal will be filed.

I am in the same boat. Mom appealed on the 30th day!!!!!! I was told in MA appeals are now taking 24-26 months:mad:

So sorry to hear that!!! It's very unusual for a TPR to be overturned, but I'm sorry you have to deal with more stress, anxiety, and WAITING!!! :(

Quite frankly, if they did anything in their plan and continued to want their kids back, I would think most would file an appeal. Usually the appeal is a last ditch effort because they can still not admit they did anything wrong to lose their kids. My daughters bio dad appealed. He tried to say the reason they took her (he drove drunk with her in the car.) had been addressed through AA (2 whole meetings in over a year. They were to be weekly.) That the things DHS were concerned about BEFORE they took her were "made up" and he didn't feel he needed therapy. Like lack of adequate supervision. DHS was involved and they were planning to take her due to showing up to find him asleep on the sofa and or drunk and he would have no idea where his 5 year old was. His lack of parenting skills. His lack to see his daughter as other then an extension of himself. She got abused by some neighbor kids and he took it as a personal slight against him. He did some of the things needed. He got his license back. He got an apartment. Then another and another due to eviction. (Stability was and issue.) He was ordered into mental health evaluation. (Did it after a year, but changed to a different Dr cause he didn't like what the DHS one had to say.) He found his own Dr to tell him what he wanted to hear. Then tried to say DHS couldn't talk to him because he didn't want them tainting his Dr. Finally got the forms signed and talked to his Dr. Dr. was not even aware he had a daughter, that DHS took her, that he had been evaluated elsewhere by a very esteemed Dr here in our town. Not aware he had a problem with alcohol. Jig was up. He then kept cancelling his meeting with the Social workers here. Found a job, but got fired. Found another and same thing. After the adoption was final, he still continued to fight. He went and paid for a lawyer to get his record expunged. So on file, his OWI with a child in the car is no longer on record, so there by does not count! He then went from lawyer to lawyer trying to find one dumb enough to take the case. It's now 7 years later and he is still looking. He will still mention it, but not around my daughter because I made it clear he is not to speak of it to her or we would not have any contact again. He did respect that. He still says it to me though. I just shake my head. A few years back he remarked how he couldn't find her birth certificate with his name on it. I told him he was no longer on her birth certificate. That was what losing custody meant. He was confused. They honestly don't get it. He is so busy trying to say he didn't do what DHS said and accused him of, that he cant see past himself. That of course is why daughter is where she is now. I am sure most parents who lose their kids are the same. They didn't do anything DHS said. DHS is out to get them. They did everything they needed to do. (Read....what they wanted to do and that means about nothing.) Then when TPR occurs, they realize it's over. They are going to fight to the end because they are the ones wronged. How dare someone come in and take their kids! Not sure about your state, but here they told me 99% are upheld. In that 1% that win a relook, half end up still losing their kids in the end. They can't just say things and not back it up and DHS is really good about covering their own butts. If a judge found for TPR they take that pretty seriously. All that said, it still sucks when it happens. Wishing you a short wait. At least they don't have visits during appeal. You can settle in and be ready when adoption is final.

I feel your pain.. we are going through the same thing too. :( TPR occured last August.. and we wont likely resolve the appeal till this September. Yup.. 1 year later.

Depends on the state. Some states do a trial de novo where the entire trial is heard again with new testimony, evidence, etc and the parents progress leading up to the appeal is considered. It gives parents a better chance and I think every state should offer it.