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I have a foster child that I've had since 7 days old. The bf has a felony child abuse inflicting serious injury and involuntary manslaughter. The bm has last all 5 of her children to adoption she is also failure to thrive. Has anyone adopted a child who's bps rights were terminated due to felony convictions? How long did the tpr process take? I know the parents are going to appeal. Just want clear answers as to how long for the whole process. Thank you all in advance.
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I know that you are not going to want to hear this, but in most states .
The Social Worker's ' Advocacy ' is reunification with the Birth Parents or other Family Members with under the age of 8 years old.
Did the other 5 go to Foster Care or to Family??
In answer to your question from start to finish . I would ' guesstimate ' . Sometime around the Holidays of next year??
I ' hear' and I ' see ' you say . The ' Birth Parents ' will one or both Appeal,
Question back is what or how do you think?? That they will Appeal or at least one will Appeal..
' Daughter ' is entitled to ' Social Security Disability ' Benefits. I only see would be one poInt of Parents ' Appeal??
If they are working any type of ' plan ' . The favor is in their favor as well also!!
Yes. When I got my last 2, both bp's rights were terminated. A prior foster home was supposed to be an adoption resource but that fell through. BF appealed and lost and I was able to adopt.
Frankly, I don't think that there's any way of knowing how long the case will take, as so many factors are at play. As an example, if a court calendar is full, it could take a while for a hearing to be held. If one social worker leaves, another may need some time to gather all the requisite information about the case. And some judges are simply more inclined than others to give parents time to get their acts together.
However, most judges aren't going to be excited about pushing for reunification if a person has been convicted of severely injuring or killing a child, or if a person has lost five children previously because he/she could not overcome severe drug or alcohol problems. The average judge isn't going to want to take the risk of ordering the return of a child to people who have a strong likelihood of abusing or neglecting him/her again -- although I'm aware of cases where judges have ordered children returned to such people. There was even a case in my state, some years ago, where the judge ordered the return of a child to a woman who had been convicted of killing her first child, after the new child had been fostered for several years by a female police officer, who was the only parent she remembered, and who wanted to adopt her.
Also, most judges aren't inclined to overturn TPRs. TPR is usually granted only after a thorough hearing of the facts. Unless there is evidence that the facts of the case were intentionally or unintentionally misrepresented, or that there was incompetent counsel for the parents, or that a lower court judge made significant procedural errors, appeals courts aren't going to reverse lower court decisions.
About all I can say is that, in a perfect world, it is likely that TPR would be granted quickly and the children would be made legally adoptable quickly, in the case as you describe it. However, we don't live in a perfect world, and some of these cases do wind up dragging on for quite a while.
Sharon