Bio dad "not in picture"
Does he still have to have TPR? If bio dad, according to DHS, "isn't part of the case. Hasn't ever been in the picture." Doesn't that still mean he has to be TPR'd or? Trying to learn my way around.
Here, yes. They have to TPR both parents -- if the parental rights aren't terminated, the child cannot be adopted.

Here, if they can't find a parent, they do a "diligent search" -- if they still can't find the parent, they publish a notice in the paper (multiple times).

Then they have the TPR trial.
The same situation here for us (daughter was in ID so it may differ between states). Biodad was missing in action (fled from parole) so all they did was send a certified letter to his last known address. It came back return to sender so they kept that notification. They then published for 2 weeks in newspaper with no response, so they TPR'd by default. Biomom voluntarilly TPR'd.
They will try to find him at his last address and then post a notification in the papers for usually 30 days. Adds more waiting time but they have to TPR all potential BFs
I'm going to ask today if he's been TPR'd. They said "he hasn't been in the picture" but I found him quickly on FB and he's in our very same state. So, that makes me concerned.
I'm glad this question was asked, because it is something I have always wondered. As a follow-up question, "If the father has never been in the picture, will cw's still search for relatives on the father's side? Would they give serious consideration to someone from the father's side if one suddenly showed up?"

I have always felt like the biodad that's not in the picture creates far too much of an unsettling mystery in the life of the child and the fp.
My AS's bio-dad was never in the picture. They did TPR him after a "search" and notice in the paper. While not with his case, I do know that they will utilize bio-dad relatives as possible placements. For example, current FS's dad is no longer part of the reunification plan but his parents have been looked at as potential placements.
Kind of scary since bio dad's parents look pretty normal on FB. That being said bio dad has several other children so maybe they are already overwhelmed. Hard to say, but worth asking my SW.
MountainMommy, if your state is like mine, he probably hasn't been TPRd, yet. Here, there is a very limited set of circumstances under which they'll TPR one parent and not the other (they may have separate reasons for TPR on each parent, but only one trial).

Here, relatives of MIA parents are considered for placement.
Most places they actually wait to TPR by default on the non involved parent until after the involved parent is TPR'd also.
Yeah, I'm thinking the answer is YES. His rights would probably still need to be terminated in order for the kiddo to be free for adoption.
Yep, his rights will need to be terminated in order for an adoption to occur, and yes, they will likely wait until they TPR on bm.

If they know who bd is, they will seek out relatives, at least in my area.
My dd's bd is unknown, and it was a nailbiter right up to adoption finalization. We were all worried that bm would name a bd at the last minute, and perhaps he or his parents or siblings would want her.
For my daughter, they published notices to find bd, and TPR'd him with bm.
Have they even contacted him yet? Just because he's never been involved doesn't mean he shouldn't be contacted. I've known of a few situations where they were late in contacting a never involved bio dad and he quickly got his act together to get the kid. If they have contacted him and given him options and he hasn't responded, then they'll terminate on him too. You absolutely can not adopt without a father's rights being terminated. Whether it's on a known or unknown father, they have to be terminated.
preacherjt said...
I'm glad this question was asked, because it is something I have always wondered. As a follow-up question, "If the father has never been in the picture, will cw's still search for relatives on the father's side? Would they give serious consideration to someone from the father's side if one suddenly showed up?"

I have always felt like the biodad that's not in the picture creates far too much of an unsettling mystery in the life of the child and the fp.

The answer is yes, they will look for him and possible relatives. Family is always their first choice.

In the case we have the girls are in care for the 2nd time. They have been in for almost 14 months now. Bio dad #3 wasn't found until July given that another man's name was on the birth certificate and mom didn't name him until then. So now the "goal" is for all 3 girls to ICPC to go live with him. I don't see it happening since he isn't visiting or doing phone visits, but we shall see.

But yeah, he passed background checks so he became their goal as Dad #1 is deceased, Dad #2 is mentally handicapped, homeless and jobless, and mom isn't working her plan.
I believe you have your answer, so hate to post again on something you now know. Smile But our AD's bio dad was not really involved either. He showed up to the initial intake meeting and he was never heard from again. His rights were still terminated (required for adoption) by default. They attempted to serve him at this last known address, after being unsuccessful at that, they published notification in the paper for a month. Then he was TPR'd by default at the trial (set for both mom and dad.)

As far as placing with his family, yes it would be considered. He was asked if he had family that could potentially take DD. He said he has no contact with his family, so gave no information. I don't know how much the CW actually tried to search for any of his family, but it would have been difficult anyway as he has a very common last name. (I just very recently found out they live half way across the country from us- so CW probably wouldn't have found them anyway just searching by name.)
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