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Hi there, I'm hoping someone can answer a couple of questions for me (Lemonpie?). The TPR trial for my fd is this Thursday. Bio dad is facing alot of time in prison but refuses to surrender, bio mom is out but hasn't completed any of her caseplan and the child has been in care 18 months to date. She won't surrender either, but everyone involved thinks its just because biodad is pressuring her not to. Ever since the TPR courtdate has been set, suddenly mom (and grandma) are requesting weekly visits after about 9 months of no contact whatsoever. So I have been supervising weekly visits for them. On the last visit, they wanted to set up the next visit for this Sunday, after the TPR trial. The case manager said I cannot set another visit in stone because I don't know what is going to happen at the TPR trial. I would think that regardless of the outcome, they would still be allowed at least one more visit. I tentatively set one for Sunday but told them what the case manager said. They seemed surprised, and hurt. I felt awkward. I don't want to be the one to have to tell them they can't have any more visits, and frankly I don't want to have to tell my fd that either. My first question is, do they still get visits during the appeal period or is it up to the judge to decide on a case-by-case basis? My second question is, if they do decide to relinquish at the last minute, does that have an impact on whether or not they get to continue visits? Like if they surrender as opposed to losing the trial? I have asked my GAL but she is new and isn't sure, and the case manager is new too, so I can tell she is guessing when I ask her questions. Thanks!
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Where I am, whether with surrenders or TPR, I have never seen visits continue (I'm assuming this is the actual TPR trial, not one of the two early TPR hearings). Not even during the appeal period.
Normally, what happens when TPR is granted is the parents are offered one "goodbye" visit. Where I am, the judge announces this from the bench.
Now, if you are planning to adopt, the state could very well give leeway for you to supervise visits at your discretion. I have seen that happen, but only when the current FPs were also considered the adoptive placement. If you are "foster only," I would not expect that.
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LemonPie
Where I am, whether with surrenders or TPR, I have never seen visits continue (I'm assuming this is the actual TPR trial, not one of the two early TPR hearings). Not even during the appeal period.
Normally, what happens when TPR is granted is the parents are offered one "goodbye" visit. Where I am, the judge announces this from the bench.
Now, if you are planning to adopt, the state could very well give leeway for you to supervise visits at your discretion. I have seen that happen, but only when the current FPs were also considered the adoptive placement. If you are "foster only," I would not expect that.
The powers that be might allow the "goodbye" visit to stand for the tentative date you have planned, but case managers are often the primary supervisor for goodbye visits (because of emotional turmoil potential).
Of course, after adoption, it's almost always up to the adoptive parents (sometimes there's a "no contact" order issued).
The new foster parents might be given the option to allow visits prior to finalization, but I'm betting most everyone involved will want visits to stop during the time period when kiddo is adjusting to the new home.
Yes, I think it would be better for the CM to supervise the good-bye visit for the reason you mentioned, and also for safety. I don't think I could handle the emotion of a good-bye visit. I think its very sad even though I know my fd will be better off. I just couldn't imagine having a good-bye visit with my bio daughter! NO WAY!! Its unbearable to think about. I would go jump off a bridge for sure. And they may try to run with her, you never know. The grandma really wants her but she is disqualified because she already did time for 2nd degree murder of her newborn. She has been at the last several visits, and has already spoken up in court asking for custody. Thanks again!
single1967
Hi there, I'm hoping someone can answer a couple of questions for me (Lemonpie?). The TPR trial for my fd is this Thursday. Bio dad is facing alot of time in prison but refuses to surrender, bio mom is out but hasn't completed any of her caseplan and the child has been in care 18 months to date. She won't surrender either, but everyone involved thinks its just because biodad is pressuring her not to.
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Oh it was very emotional! The grandma hired her own Attorney the night before the trial and tried to file a motion to intervene saying she wanted to adopt her granddaughter. The State Attorney objected because it went against case law (grandma was not a party to the case) and for various reasons, the biggest being that the grandma is currently on probation for manslaughter of a child and possession of cocaine. The judge knew none of this-we were all shocked that grandma went to this extreme at the last minute, and knowing she had a huge disqualifier. The judge denied the motion and the trial began. Partway into the first testimony given by the CW, the parents decided to surrender. I wasn't in there, I was in the hall waiting to testify but the state attorney came out to tell us. She ended up asking me to testify anyhow because the mom was requesting ongoing visitation so they wanted me to testify as to how all the sudden visits had affected the child (adversely). The judge also asked the child's therapist to make a recommendation regarding visits and the therapist recommended one final visit but then she needed to be transitioned quickly to permanency. So the judge ordered one final visit for each parent, it was very emotional. I hope that the wonderful family that wants to adopt her gets to, and that this transition moves along quickly for her, she's already been in limbo 18+ months so it is time for her to have a forever home! Thank you for asking! :)