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Ok I want to start by saying up front we live in Texas. We received custody of our nephew when he was 6 months old from CPS as a kinship placement. He was taken away from his parents due to domestic violence and drug abuse. He stayed with us until he was almost 15 months old and then was returned to his parents "because they were doing and completing everything that was required by the courts". 2 months into them having him back I had to report them for drug abuse again to CPS. CPS drug tested and removed him from their home and placed him back in my home he has been with us since and is now 21 months old. They went to court and due to it being so close to the 12 month date the extended the court date/case for 6 months. The parents are now required to pay us child support and I have since found out that cps has filed their report with the court for our hearing on September 18. They have changed his permanency plan to Adoption but I am being told that the mother will have the right to appeal it and we will have to go to mediation. My nephew's lawyer is now telling us we will most likely end up with PMC Permanent Managing Conservatorship. I know when we go to mediation we will have to try to compromise on what interaction we are willing to let the mother have with our nephew. I have read everything on the DFPS website and was wondering if anyone else has been thru this situation and what advice they have to offer? We really would like to Adopt him but it is looking like we will not have that option but we are willing to do what we have to in order to keep him.
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It sounds like CPS does not want to takew the time to terminate. Sometimes they do this because they don't believe they ahve enough evidence to get termination. Because you have had the child for such a long time, I would suggest you contact your own attorney asap. Find an attorney who specializes in family law/adoptionand go ask some qwuestions. It's worth the $ spent on a consult(usually $25-50) to find out what the laws are. PMC isn't the best solution for a child so young. He needs permanacy and it really seems as though the state is being lazy.
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CaddoRose
PMC isn't the best solution for a child so young. He needs permanacy and it really seems as though the state is being lazy.
I am in a somewhat similar situation. I was placed with a 12 day old baby boy. He was my childhood best friends. He will be 6 months old the 23rd. And my CW told me I only had to have him in my home 6mos before I would have the grounds to file with the courts for adoption. But like your case, there isnt money in the states budget to push these things along. CPS never fully took custody of our baby. They allowed a voluntary placement with me and then when she was continuing to not comply, they pushed me to hire an attorney and file for sole managing conservetatorship. Which the bio mom willing signed over custody making the case for us much easier. Otherwise, our CW would have had to testify on our behalf and we would have both had to present our case. Our concern at the time was having not had him 6 months with no blood relation, if she chose to have fought it, it would have made it a lot harder. So now we are sitting her with sole custody and CPS closed their case against her. We have the sole discretion of when and how long bio mom gets to see him, but he still has her name. So now, due to cost issues and a few other concerns of ours, we are waiting until he turns 1 and then we will hire an attorney again, and file that the judge TPR so that we may be allowed to adopt. I have so many unanswered questions. It's not the ideal situation but for now at least he's ours. Sounds to me like that is the way your case us more or less going. And if so, my CW pretty much told me the same thing about the money issues. I think in your case though, if the mother continues to "try", its going to be harder to get a judge to TPR. And once you gain permanent SMC, CPS will back out and there will be no one to even push for TPR except for you. So attorney fees will add up, and there isn't an example to follow in these cases. It all comes down to the judge you get. Do you mind telling me what area you are from in Tx. My case is in Ft. Worth, and my attorney was recommended by my CW. She seemed to know the judges well and knew which ones would be more likely to be in my favor. I hope this helped some and didnt sound like a bunch of nonsense jabbed. If anyone else has any advice, I would gladly love to hear it as well. Hope things work out in your favor for your little guy.