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by the case worker??? She said tonight that she has to file on both parents. Our next court date is in march and he will have been in care for 20 months ( since he was two months old)
Both parents are making visits and working their plan but only one has a chance of getting him back and it's only if she moves out of her current living situation and has a stable job, childcare etc...
None of my kids have had a case where tpr was filed. We have had RU' s and surrenders.
Sooo when they go as far as filing TPR is that when they start talking about surrendering, open adoption ect?? I'm assuming the baby going to one of the parents at the march court date is not an option so what is usually done? Can the judge sever their rights at that time??
Thanks!!
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Where I am, the case worker doesn't file, but instead puts paperwork together for the state's attorney. The attorney then files a "petition to terminate parental rights."
Once that is filed, the court sets a "TPR Advisory Hearing" -- this is the hearing when the parents are notified of the dates of the TPR Pre-trial Hearing and the TPR trial.
The TPR Pre-trial Hearing is a mostly administrative hearing for the judge to make sure everyone has all their ducks in a row.
Then there's the TPR trial.
In re-thinking, maybe you are at the stage where the case worker is filing to have the goal changed to TPR? Instead of actually filing the petition?
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Her exact words as I remember them were " I have to start the paperwork for the petition to terminate both parents rights" when my looked surprised she said "we'll at this point we have to" .....then she got a call and had to wrap things up ugh!
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LemonPie
Where I am, the case worker doesn't file, but instead puts paperwork together for the state's attorney. The attorney then files a "petition to terminate parental rights."
Once that is filed, the court sets a "TPR Advisory Hearing" -- this is the hearing when the parents are notified of the dates of the TPR Pre-trial Hearing and the TPR trial.
The TPR Pre-trial Hearing is a mostly administrative hearing for the judge to make sure everyone has all their ducks in a row.
Then there's the TPR trial.
In re-thinking, maybe you are at the stage where the case worker is filing to have the goal changed to TPR? Instead of actually filing the petition?
Our TPR advisory hearing is set for the end of this month.
Do foster parents get to go to the TPR trial? I have been at all the other court dates, but the trial sounds like a different sort of thing.
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mcqueenandsally
Our TPR advisory hearing is set for the end of this month.
Do foster parents get to go to the TPR trial? I have been at all the other court dates, but the trial sounds like a different sort of thing.
The TPR trial and adoption finalization hearing are the two dependency system courtroom events that are closed to the public (in Florida).
However, sometimes foster parents are required to testify.
It may be different in your area, but here FPs are not normally in the courtroom for the TPR trial -- honestly, I'm not certain if that's because they're not allowed or a general effort to minimize the trauma for the parents.
ETA: The TPR Advisory Hearing and the TPR Pre-Trial are both open to the public.
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LemonPie
The TPR trial and adoption finalization hearing are the two dependency system courtroom events that are closed to the public (in Florida).
However, sometimes foster parents are required to testify.
It may be different in your area, but here FPs are not normally in the courtroom for the TPR trial -- honestly, I'm not certain if that's because they're not allowed or a general effort to minimize the trauma for the parents.
ETA: The TPR Advisory Hearing and the TPR Pre-Trial are both open to the public.
I'm in PA and yes tpr or any cys related court is NOT open to the " public" but as the foster parents we are not considered " public" but rather a party to the case, even if we never speak a word or are asked anything. I have been to all court dates, including tpr of my AS.
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In WI a fp can be at the hearing if they are not testifying and no one objects to it.
Here the CW has to write the petition themselves & submit it to corp counsel or DA to review & file or request additional info. Then it is filed w/a court date set...then at that time the parents ask for public defender & a status Conf gets scheduled...then at that they ask for a jury trial or one in front of the judge if they are not surrendering rights....then that date gets scheduled...and sometimes those dates get post-poned.
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AMom2011
I'm in PA and yes tpr or any cys related court is NOT open to the " public" but as the foster parents we are not considered " public" but rather a party to the case
ah, big difference in Florida -- FPs are not a party to the case.
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So what you are all telling me is that this is going to get longer and bumpier??? Like I said we had ru's and surrenders so all our cases never went past 18-20 months
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Pennmom76
So what you are all telling me is that this is going to get longer and bumpier??? Like I said we had ru's and surrenders so all our cases never went past 18-20 months
It could get bumpier...mine did...and one didn't go through...gearing up for a second run on that one. However, several times the parents wind-up serendering at the court hearing...and sometimes the trials fly by w/no issues....the states that have jury trials seem to be bumpier in my opinion...the deliberating is enough to kill you!!!
Wish you luck!
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LemonPie
ah, big difference in Florida -- FPs are not a party to the case.
I'm not sure if I used the right word? All I know is, we as FP are allowed and expected to come to all hearings
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AMom2011
I'm not sure if I used the right word? All I know is, we as FP are allowed and expected to come to all hearings
In Florida, FPs are "participants" in the case. They get noticed on hearings, but they're not required to attend (though they're always welcome to attend).
As I mentioned earlier, I'm not certain if FPs are not allowed to attend TPR trials in Florida or if, where I am, it's just the convention that they don't (unless expected to testify, of course).
If they were a party to the case, they definitely would be expected to attend.
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Pennmom76
So what you are all telling me is that this is going to get longer and bumpier??? Like I said we had ru's and surrenders so all our cases never went past 18-20 months
Maybe yes, maybe no. Here, if parents are no shows for the TPR-Advisory, they get a default TPR. So that would make for a shorter, less bumpy ride (if they do that where you are).
Honestly, unless there are appeals, I find the long bumpy part is before they file for TPR.
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I'm sure there will be appeals, they are fighting separately for this little one but both are just inappropriate and incapable parents. It's very sad.
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We got to one pretty soon, I'm not sure what kind of court it is. I know TPR was already filed a couple months ago but the judge wanted to think about it? Then they had courts and some really weird things happened and now they're having court again. The cw wants us there and said the judge probably would too and might request for us to be there. Not sure why since we're still pretty new to the case.
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AMom2011
I'm in PA and yes tpr or any cys related court is NOT open to the " public" but as the foster parents we are not considered " public" but rather a party to the case, even if we never speak a word or are asked anything. I have been to all court dates, including tpr of my AS.
This is not accurate, in PA foster parents are not a party to a foster child's case. Foster patents have no standing. A FP can become a party if CYS tries to remove the kid(s) from the FP home. PA courts allow foster parents to be in court but they are not a party.
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