TPR Questions

We are in the middle (the beginning?) of the TPR hearing for Pilot. We have three more days scheduled and I'm guessing more are possible but they aren't back to back days like we thought might happen. Anyway it was explained to us that once TPR is filed the case is frozen. Once it's filed whatever good Biomom does no longer matters. The county also can no longer ask for parental assessments to use against her. Road goes both ways. Good luck. It's a very bumpy ride here

First, let me say I empathize with your anxiety. We were in the same place a year ago. It's so stressful - hang in there and take care of yourself.I remember being told, "Nothing is certain until the judge rules." This is true and, hence, the incredible stress and anxiety. That being said, 1-2 visits a month is very minimal. Our daughter had 2 visits a week all the way up until termination. Our daughter had been reunified briefly as well. It is my understanding a second RU can happen but it's much more difficult and less likely. Our daughter's birth mom also worked her plan for the most part except for staying in an abusive relationship. However, as the TPR trial approached, she began to have issues. Apparently this is common. The two weeks directly before the trial, she canceled visits (something she never did) and became highly adversarial with the CW. Ultimately the judge ruled for termination.Each case and trial is different but 2 years in care, a failed RU, and limited visits all seem significant. I am sending supportive thoughts your way!

It truly depends. Once TPR is set, there has to be major behavior changes. And proof that those changes are significant enough to switch back to concurrent status. What could happen is, TPR goes to trial to prove the changes. However w/ being in Care for 2yrs, depending our your area, it may be too late.

Thank you guys for your insight and support! I'm going to try to not worry about it and just enjoy my FKs every day. :)

The State's lawyer has gone through this rodeo before. If the parents truly did nothing till a few weeks before, they will make sure to bring that to the attention of the judge. The parents' lawyers will also do their jobs and try to prove the parents were doing what was needed. the truth of everything will come out and be pretty plainly seen, in most cases. At least, that is what I believe. :)When the TPR trial for our kids took place, I went to every court hearing and took notes (subtly) for when the kids are older and ask questions. There was one point where I was very worried about what was being presented. The State's lawyer got up, and with one question put it all into perspective. As someone who has never been in that setting before, I was in awe. Again, though, this was not the state's lawyer's first rodeo.The ending, hearing the verdict and seeing the birth parents' reactions is something I never want to see happen again. I was glad our kids did not have to keep going through 'all that', but was sad for the parents' loss. They truly love their kids, but just made some poor choices along the way. For now, take a deep breath, play with the kids, and enjoy the time you have together RIGHT NOW. None of us are guaranteed tomorrow, TPR or not.

Where I live, if mom completes her caseplan prior to TPR, the case goes back to reunification or concurrent. They don't tpr on someone who completed her plan. It's rare, though. If she couldn't complete her caseplan while CPS was holding her hand, how will she manage it on her own? Lots of moms, when faced with TPR, will give the caseplan a go in hopes of stalling the proceedings. The fact that she already has gone through this before means she's familiar with the process. Maybe she was able to delay things in previous cases by doing "some" of the caseplan. If that's the case, this new interest in completing her case plan won't mean much to CPS as they've seen it before. They know it's a last ditch effort to stall TPR. They'll keep the TPR on schedule and see how much she's done when the trial rolls around. Unless she's 99% completed, I mean-everything but a few little minor things- they'll go to trial and let the judge decide. They can't keep the kids in limbo anymore. The little boy has already been in care for more than 15 months and the baby is coming up on that amount of time. So, they can't delay it anymore.I've only know one mom who was able to do it but there were still circumstances that prevented reunification. She did most of her caseplan, though, so the TPR was put on hold.

Everywhere is different with the information...and every judge is different...and every jury is different. Some states allow the parents to request a TPR trial by jury, which is what my son had...so effectively, they make the decision if there are grounds for the TPR (one of which includes if they believe the parent could make substantial progress in the next 6 months). If the jury finds grounds...then the judge still makes the final decision....if they do not find grounds then the judge can not TPR.