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I am thinking too much and need some perspective:
We have a sibling group of 3 who has been in care for the last 2.5 years. FS is 7 and has been with us the entire time he was in care. His sisters have been with us for about 9 months (long story there.) We are finally to the point of TPR (just finished the trial and it's going to go to severance) and NOW, at the 11th hour, there's an aunt out of state who's expressing an interest. CW says he is not doing ICPC and he will leave it up to the adoption worker, with a strong recommendation that the kids stay with us. He says this aunt has never met the little ones, and admits to minimal contact with the oldest. He says nothing will come of it, but from things I've read here it sounds like they have to investigate family, and if they are financially stable with no criminal record it's almost automatic that they go with family. Do we stand a chance here, or is the CW just trying to placate me?
It depends on the state and even the county. In my area it would be too little too late for the aunt. In your position I would go get a free consult with an attorney to see what your rights are, and they can guide you if you choose to fight the move should it come to that.
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BG's caseworker and GAL told me that once TPR has occurred bio family are no longer considered relatives, so they have no rights!
Since relatives technically have no "rights" and aren't TPR'd I'm curious why after TPR they have none. They had no rights per se to begin with anyways. That's what we were told. Our family and FP's family who had our niece were on equal grounds and had to go thru a team meeting together to determine placement. Maybe not all states are the same? I'm confused about the statement that after TPR relatives no longer have rights because they aren't there to begin with.
My hope is since it's been 7 yrs that the children stay with you. That's definitely way too long to remove a child and definitely not in the best interest of the child.
In my state appropriate relatives are always given placement first. A child could be with a foster family from birth until 18 months, but if an appropriate relative or fictive kin steps in before TPR, the child will most likely go to them. I do think it depends on your state. I know that getting to TPR with out a relative coming forward was a huge step toward adoption for us.
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We are finished with the trial but no ruling yet. FS has been here for 2.5 years, sisters for 9 months. Case has been open for 3 years and mom notified the aunt right before goal change. It seems like CPS has been largely ignoring her. I'm not sure that's allowed though?
in my state if Aunt is deemed a suitable placement it doesn't matter how long they've been with you they are required to place with birth family whenever possible. It's ridiculous that after years with a foster family the child would be moved to a relative they don't know or barely know just because they share DNA but that is the current law and it happens ll the time. I really wish they would put the child's well being first but they really don't here. Hopefully it's different where you are.
AlmostOver
We are finished with the trial but no ruling yet. FS has been here for 2.5 years, sisters for 9 months. Case has been open for 3 years and mom notified the aunt right before goal change. It seems like CPS has been largely ignoring her. I'm not sure that's allowed though?
I hope this is not the case. If the aunt was REALLY interested and the CW ignored her then she may have a very good reason to push the issue now that TPR is pending. And CPS would have a hard time keeping the kids with you.
If the aunt was aware and she did not contact CW (constantly) then that looks better for the kids to stay with you.
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Well, TPR was granted Thursday. In our state relatives are no longer considered relatives after TPR, so I am breathing a little easier. The aunt contacted the CW a total of 3 or 4 times... once about a month after the initial severance hearing, once right before the severance trial, and once right after. Possibly one other time. This was over the course of 5 months. So I think we are in the clear. The sense I got was that bio mom was pressuring her but when she heard that the kids were together in a pre-adoptive home she lost steam. At any rate we got word that our CW put in a request to convert our foster license to an adoptive one, so I'm just going to take it as good news!
AlmostOver
Well, TPR was granted Thursday. In our state relatives are no longer considered relatives after TPR, so I am breathing a little easier. The aunt contacted the CW a total of 3 or 4 times... once about a month after the initial severance hearing, once right before the severance trial, and once right after. Possibly one other time. This was over the course of 5 months. So I think we are in the clear. The sense I got was that bio mom was pressuring her but when she heard that the kids were together in a pre-adoptive home she lost steam. At any rate we got word that our CW put in a request to convert our foster license to an adoptive one, so I'm just going to take it as good news!
I am glad the aunt wasn't really ignored by CW. And I am glad the kids don't have to be moved again.
Sounds like the kiddos are yours to keep :woohoo:
Check your state's statutes. In some states, once a child has been in a home for a specified period of time, the foster family has preference. This is regardless of the legal goal.
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