Support for Family With Kids in Foster Care From CPS Mixup - Page 2

[Sierra]

Originally Posted by Nan'sMom

At the beginning of the case the state ALREADY requested a TPR hearing date.

That doesn't make any sense. I am totally confused. Anyone know what might be the confusion here?

[Tigerchild]

I dunno, I guess some states might set up theri court schedule dates in advance, even though they're somewhat fluid farther out?

Kinda strange to me too.

Perhaps it's just a communication mixup between OP and friend. I would hate to think that friend is getting misinformation or inadequate explanation from the lawyer and caseworker, but that might be happening too. Or in addition.

[pumpkingirl71]

Originally Posted by Nan'sMom

At the beginning of the case the state ALREADY requested a TPR hearing date.

I find this very confusing, too. We had trouble getting a TPR hearing when one parent was in jail and the other refusing to meet any aspect of the case plan. I know that every state is different, but it really seems that some important info has been left out here.

[Nan'sMom]

Originally Posted by pumpkingirl71

I find this very confusing, too. We had trouble getting a TPR hearing when one parent was in jail and the other refusing to meet any aspect of the case plan. I know that every state is different, but it really seems that some important info has been left out here.

Yes, I totally agree that it is strange and seems incorrect/confusing. It all seems a bit Twilight Zone. I think part of the reason for the fast-track on the case is that some horrible things were alleged by the CPS worker. But the judge sounds like he's trying to find out what the truth is so that's really good.

Thanks to all of you.

[MissinNYC]

It's impossible that they got a TPR date- the goal at the beginning is always reunification. They'd have to be like, killing or raping the kids for them to move right to adoption as a goal, and if so they'd press charges.

At the very beginning, at the adjudication, the judge sets a meeting, sometimes called a GOal setting meeting, or sometimes (here) called an FSP or IFSP. This plan outlines everyone's respobilities, objectives, and who will carry them out, by when. so my foster son's says things like 'Mom will get permanent housing by XX/XX, Mom will test clean every 2 weeks, Mom will attend parenting classes, Foster Mom will attend therapy with DS 3 times per week, Foster Mom will go to pediatrician every 3 months, etc, etc, etc.

This doesn't make any sense.

[lauren]

It does seem like there is a piece or two missing from the story or situation. It's confusing and not proceeding at all like most cases.

[Theoretica]

Yeah there's definitely some pieces missing here.

Good luck OP

[denimtiger]

Originally Posted by Nan'sMom

Yes, I totally agree that it is strange and seems incorrect/confusing. It all seems a bit Twilight Zone. I think part of the reason for the fast-track on the case is that some horrible things were alleged by the CPS worker. But the judge sounds like he's trying to find out what the truth is so that's really good.

Thanks to all of you.

Whatever is alleged by the CPS worker has to go in front of a judge. At a point very early in the case, the parents either have to contest the allegations -- if the judge and the legal team at CPS decide that there is enough evidence to continue pursuing a case against the parents then they go to trial, or the parents can bypass all of that and enter an admission, which starts a case plan rolling.

Months into it, there are huge pieces of information missing from what you're saying (possibly from what you've been told). Either the parents entered an admission early on, or the case should go to trial.

If the parents lose the trial, this also starts a case-plan rolling (not sure what all the possible outcomes are if they win? The case I was a "special respondant" to was more convoluted than that, as I'm sure most are).

Perhaps the case is currently awaiting trial (although I would think usually this would happen sooner than months down the line, but maybe ... especially if the parents didn't take a position at one of the very first hearings)? If that's the case, I could see where a case plan might not be rolling yet.

Whatever it is, there usually has to be SOME evidence to keep kids in state custody longer than 72 hours.

Have the parents hired their own counsel, or are they relying on a court-appointed attorney?

[Nan'sMom]

I'll try to find out more. It is of course possible I'm missing some big pieces but I don't think so. My friend is honest, almost to a fault.

I appreciate the input very much. I too think some of it sounds very wrong. Hopefully the lawyer is doing the right thing. I'll try to find out more about that.

Thanks again.

[Thandiwe]

I think there may be parts you're not hearing from your friend. When our baby's siblings were in care, we heard tidbits and it just didn't add up. Mom and dad didn't want us to know the whole truth.

Having gone through the whole situation we have, the greatest recommendation I would have would be for the parents to, at all costs, hire an attorney. I can't even begin to explain how much damage NOT having a good attorney for baby has been. And the unprofessionalism I have heard from the parent's attorneys off the record has been crazy. There isn't much (if any) contact between attorneys and clients between hearings. A good attorney can make a work of difference.

Just understand that there may be more to the story you don't know, even though you mean the best. There are federal laws governing how a case must be handled. Much varies from state to state, but there are still federal standards. Cases can't just languish and not have a plan for months on end. There are things you're probably not being told, because possibly to tell you would uncover truths they don't want to admit to. I know that was the case in my experience with my friend a few years ago. And as a foster mom who has had to establish clear boundaries and is often harrassed about them, please know the foster parents may have these boundaries established for a reason that's beneficial not only to the kids but also to the foster family as a whole.

[Nan'sMom]

Originally Posted by Thandiwe

I think there may be parts you're not hearing from your friend. When our baby's siblings were in care, we heard tidbits and it just didn't add up. Mom and dad didn't want us to know the whole truth.

Having gone through the whole situation we have, the greatest recommendation I would have would be for the parents to, at all costs, hire an attorney. I can't even begin to explain how much damage NOT having a good attorney for baby has been. And the unprofessionalism I have heard from the parent's attorneys off the record has been crazy. There isn't much (if any) contact between attorneys and clients between hearings. A good attorney can make a work of difference.

Just understand that there may be more to the story you don't know, even though you mean the best. There are federal laws governing how a case must be handled. Much varies from state to state, but there are still federal standards. Cases can't just languish and not have a plan for months on end. There are things you're probably not being told, because possibly to tell you would uncover truths they don't want to admit to. I know that was the case in my experience with my friend a few years ago. And as a foster mom who has had to establish clear boundaries and is often harrassed about them, please know the foster parents may have these boundaries established for a reason that's beneficial not only to the kids but also to the foster family as a whole.

Thanks Thandiwe. They do have a private attorney who I think is experienced and good. I don't think this is the sort of situation that you are dealing with--my friend is truthful, a good mom, etc. But there may be things I don't understand properly about what's going on. Ack, this is so stressful and I'm not even directly involved. Thanks again.

[Thandiwe]

Originally Posted by Nan'sMom

Ack, this is so stressful and I'm not even directly involved.

I completely understand! I truly believe that foster care has a ripple effect. It's not just the kids and parents that are affected when removal happens; it affects family, friends, caseworkers, everyone. It has devastated the family of our baby because they have gone through two separate cases with three children over three years. The family took two and had to deal with division because of it. When the placement held her ground about distance, the rest of the family had to choose gatherings and had to deal with the anger of it all. It rocked their world and even now it continues with this case even though baby isn't with them. It affects everyone.

[khaoskat]

Originally Posted by Nan'sMom

She's doing everything she's asked. To me it seems like an overzealous caseworker. It's all very sad. Hopefully to be resolved soon.

Thanks

And trust me (my most sarcastic tone possible) there are NEVER any overzealous and down right spiteful caseworkers at Children's Services. They are all perfect.

Sorry, I am dealing with a case for a client where I personally could throttle a caseworker after being called a liar for telling her she is wrong about something, when I had the written proof to support what I was saying.

One thing to consider, is your friend can request a new case worker. Where I live you have to initiate the complaint process with the current caseworkers supervisor. Then, if the issues are not resolved, you move up the chain to what we call the fair board, who takes, investigates and handles complaints against caseworkers.

As for the attorney saying "these things take a long time". Well, if they were just removed, at least in Ohio, once the Complaint is filed in Court, they have I believe it is 60 days from the filing of the Complaint to hold a Adjudicatory hearing on the issues. If they got Emergency Custody, a hearing must be held within 72 hours (usually done in 24 unless it is a weekend or Holiday the next day).

Their attorney can always file a Motion, any time with the Court, asking for a Modification of the current custody situation. They can state in the memo that Mother has complied to the full extent with the case plan, that the children are not adjusting, etc.

Further, if there is a Guardian Ad Litum, I would be making best of friends with this person, and showing them everything you have done and everything that has been asked to be done. If one has not been appointed, I would request that one be appointed along with representation for the children.

[khaoskat]

Originally Posted by Nan'sMom

Sierra,

Maybe I am confused about what a case plan is. They do have court dates and have been in court a few times (with the judge making noises about moving things forward). At the beginning of the case the state ALREADY requested a TPR hearing date. I will ask my friend specifically about a case plan...maybe there is more her lawyer should be asking for? I'll ask her to ask her lawyer. It sounded like the lawyer was trying to get things sped up.

Sorry for the confusion. For some reason I thought it meant something like a plan where the parents are supposed to do certain things then the children get returned.

Thanks again!

A case plan is a document that has been agreed to or Ordered by the Court.

It will state things like this:

Concern #1: Parents and children are all sleeping in one bed.
Remedy #1: Parents will ensure there is a bedroom for the children separate from theirs.
How monitored: Home visit from caseworker
Remedy #2: Parents will ensure that each child has their own bed that is age appropriate.
How monitored: Home visit from caseworker

Concern #2: What the concern is, etc...

[LaffNowCryLater]

Originally Posted by Sierra

I did want to ask folks more knowledgeable out there...I had never heard of states using friends as "kin" until talking with some of you. Now I know some states will do that in some cases. Is that the kind of thing that could come into play here? Assuming this is temporary, is there a way to get licensed specifically for these kids in the "fictitious kin" concept?

I don't know. I don't have much if any information about kinships, but just thought I'd throw it out there.

Kin originally means relatives AND close "family-like" friends...sorta like your "clan".

[Thandiwe]

Originally Posted by Sierra

Assuming this is temporary, is there a way to get licensed specifically for these kids in the "fictitious kin" concept?

We are licensed for a specific child only, as fictive kin.

[Sierra]

Originally Posted by Thandiwe

We are licensed for a specific child only, as fictive kin.

Yeah, I know, which is why I was hoping one of you or someone else who is fictive kin (thanks for the "real" term) could advise the OP from that end of things...but the OP then responded she wasn't in a position to take these kids, which I was assuming was why none of you posted more .

LaffNowCryLater, I am aware of some of the historical uses of the word "kin." I just had never-- until "meeting" some folks on this board-- heard the term used in that way in the context of foster care placements. In fact, the county I used to be in would sometimes be cautious about biological relatives because sometimes families would enable the parents when they started caring for the kids. Friends were never even considered. Nonetheless, I have since been educated by folks in that situation, and was only throwing it out as an idea for the OP to consider pursuing.

[Nan'sMom]

Originally Posted by khaoskat

And trust me (my most sarcastic tone possible) there are NEVER any overzealous and down right spiteful caseworkers at Children's Services. They are all perfect.

Sorry, I am dealing with a case for a client where I personally could throttle a caseworker after being called a liar for telling her she is wrong about something, when I had the written proof to support what I was saying.

One thing to consider, is your friend can request a new case worker. Where I live you have to initiate the complaint process with the current caseworkers supervisor. Then, if the issues are not resolved, you move up the chain to what we call the fair board, who takes, investigates and handles complaints against caseworkers.

As for the attorney saying "these things take a long time". Well, if they were just removed, at least in Ohio, once the Complaint is filed in Court, they have I believe it is 60 days from the filing of the Complaint to hold a Adjudicatory hearing on the issues. If they got Emergency Custody, a hearing must be held within 72 hours (usually done in 24 unless it is a weekend or Holiday the next day).

Their attorney can always file a Motion, any time with the Court, asking for a Modification of the current custody situation. They can state in the memo that Mother has complied to the full extent with the case plan, that the children are not adjusting, etc.

Further, if there is a Guardian Ad Litum, I would be making best of friends with this person, and showing them everything you have done and everything that has been asked to be done. If one has not been appointed, I would request that one be appointed along with representation for the children.

Thanks! I will definitely mention the new caseworker idea. I think she has asked her lawyer but not 100%. This would be so helpful. Also not sure about her talking to the GAL. From what I have heard (from someone I know who has done some CPS cases) the GAL tends to side with CPS...so I wonder if she should be talking to them directly. Anything she has said thus far to CPS has been twisted, exaggerated and lied about. But maybe her lawyer can help along these lines.