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Has anyone ever heard of a delinquency case going to tpr before the 15 months mark? We were at a pre-permanancy hearing yesterday and no one (not even the judge) knew. My ffd M's mom signed over on reunification and has been in no contact for months and we are wanting to move towards adoption... The only setback is that right now her case is only at 6 months... The judge continued the hearing till may 3rd so that council and probation can study it and find a way.. BTW her case isn't a regular dependency case right now since she's on probation... It's a delinquency case.
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I have heard of it, but often it depends on the state and everything. If the parents have signed over their rights then it's up to the judge and there should be nothing holding him back really. There is no point making a child wait 15 months just because that's what some rule says. It's better for a child to be in a permanent home as soon as possible.
Good luck
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Yes, TPR can happen in CA before 6 months and sometimes it does. However, in CA a .26 hearing (TPR) is set 120 days out (4 months). The appeals period for TPR is 60 days so the absolute earliest that a child under the jurisdiction of a CA dependency court could be legally free for adoption is 6 months after the termination or denial of reunification services. Of course if the bio parents relinquish involuntary TPR is unnecessary.
Not sure how the delinquency vs. dependency court issue factors into it but I believe TPR is only available in dependency court b/c the judge has to make certain statutory findings before they can set a .26 hearing date.