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FD (7) has been with us for over 8 months. She is doing great. :)Mom has not done one iota of a thing, never showed to visits or court till she was threatened with being thrown in jail if she did not show. When she did show, she popped positive for quite a few drugs (Apparently they could not even speak to her she was high as a kite).We know her whole family, they want FD to stay here and have spoken (begged) to her to sign off to us. She agrees when they talk to her, but she won't terminate, she is waiting for courts to TPR her.Law Guardian was here 2 days ago, FD told her she wants to stay here forever and LG told her she is trying, really trying....Well, I asked LG how long (realistically) we are looking at for court to TPR, she said "realitically...about 18 months from this point". 18 MONTHS?? She said she sees it all the time, Bioparents don't do anything, but courts have to do the trials, etc, and unless bioparent is clean, or at least not SO doped up, it stalls the trials. She is asking for mediation next week to hope to push this along, but we have very little hope biomom will be coherent enough.So that will mean our FD case takes almost 2 1/2 years for a parent who has not shown any interest at all and has not tried, even once.I am all for giving bioparents the chance to clean up and truly try to get their children back, but 2 1/2 years?Our FD is a sweetheart, she has been through so much and is such a brave resilient girl. She has expressed to everyone she can that she does not want to go home, she can't wait to be adopted and WE can't wait for resolution!Just venting here...I can't see how this is the best interest of the child making them wait in limbo so long :(
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I hear you and feel your pain! Here's my guess on the math for most foster care cases that go to adoption:
12 months from date kids placed in foster care = permanency hearing
3 month extension granted (sometimes) = 15 month permanency hearing where TPR is recommended
TPR is filed (within a month or so, it seems to get filed quickly)
TPR granted = 1 year (give or take) from date TPR is filed - there is a lot of prep needed before TPR trial (bonding assessments, expert reports, reports from all service providers etc.) PLUS, the courts are completely overbooked so a lot of TPR trials take place on "non-consecutive trial days" over a period of 6-9 months. This varies from court to court but unless bios are completely MIA, the TPR trial takes a long time to finish.
TPR = granted at approx. 24-28 months from kids entering care (give or take a few months)
Appeal period = 45 days
If an appeal is filed (no reason to think there wouldn't be an appeal, it doesn't cost bios anything) = appellate division decision comes out approx. 18-24 mos after TPR granted.
If appeal is denied (and bios don't petition supreme court), adoption is filed for and granted 3 mos or so (give or take a few months) after appeal decision.
So, by my estimation, if TPR is granted and bios appeal, adoption really can't/won't take place for at least FOUR YEARS from date kids enter care.
Crazy isn't it? And this really doesn't pertain to my case specifically, it seems to be the time-frame for most cases in NJ unless a parent voluntarily surrenders his/her rights or unless they don't appeal (or unless you're dealing with an infant or bios aren't offered services at all).
Has anyone on here had bios NOT appeal after participating in (and losing) a TPR trial?
And to think....NJ is much faster than a lot of states and seems to follow the 15 months in care ASFA guidelines in many cases.
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People worked hard to get that law passed to create a sea-change -- so children's needs would be better met.It's tragic that it's being ignored as much as it is. The point was to serve the *children's* needs!I can only hope that there are still many people of good will working, in many many places, to help it be enforced more often. I do what I can.
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The timeline I posted above is based on NJ FOLLOWING ASFA.....15 months in care = TPR must be filed.
If you think about 15 months per ASFA, then TPR being filed, then the TPR trial with all witnesses, then appeal periods, then adoption.....if that is a minimum of 4 years from time kids go into care. WOW! Just think how long it takes when ASFA is NOT followed!
It's good to know that not everyone appeals....so without an appeal it could be finished 2 1/2 - 3 years from the date kids enter care.
I am in NJ-@ the 10.5 month mark in our case & NOTHING has happend-not even the fact finding hearing which is SUPPOSED to happen by month #3. Our next cout date is not until the end of June@which point my beloved fs will be 1 yr & 3wks old-we have had him since birth & where told "fast track" to adoption-when they originally called us on his placement. Bio Mom & dad have not done anything & this is Bio moms 4th child (first 3 have already been tpr'd & adopted by family.) In my experience-the caseworkers are less than professional (no show on appt's, take days to call us back, call us and expect us to just drop everything so they can get their visit in on the very last day of the month & give us the-that's just the system CRAP). I started this journey for 2 reasons-to help a few children have a better life for however long they where in mine & DH care & second-AMITTEDLY SELFISH to become a mom-which is the only thing I have EVER wanted to do my entire life. If we are blessed with someday getting to adopt my FS-he will be my one & only as I can not handle all the CRAP of the system. It IS NOT set up for the Best Interest of the Child-that is for sure...The laws need to change-the judges need to be held accountable & there should no double standard for bio-families...sorry for the rant-but we are BEYOND frustrated...
PS-there is nothing FAST about DYFS of NJ....