Has anybody ever heard of this re: fost/adopt hearings? - Mothering Forums

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#1 of 6 Old 01-18-2007, 06:15 PM - Thread Starter
 
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We were just placed with DD#1's biological sister who is now 3 weeks old. The first hearing happened almost immediately (detention hearing) and the birth father showed up for it. We were nervous about this, but the more time that goes by it's looking like there is no chance in birthfather or other bio-relatives getting the baby (afterall, we have her bio sister is biology is so freakin' important!). The 2nd hearing just happened (jurisdiction hearing) and instead of just moving along tot he 3rd hearing (I believe where they determine services) they actually continued it!! So, it's basically like a re-do over! And it's not in a couple of weeks, it's in about 6 weeks!! I am just livid at this process and knowing the circumstances can't fathom WHY the courts continued this!!! Has this ever happened to anybody else? Our SW even told us that based on previous history, they are not going to recommend reunification services. Birthmom is totally out of the picture, but this is referring to birthdad. I am just so frustrated with this situation and was wondering if anybody could shed some light on this for me. We haven't talked to the SW's to really find out the situation yet, but I'm hoping they can offer a good explanation. I don't see how this is in the BENEFIT OF THE CHILD!! It's just delaying her permanency.

::sigh:::

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#2 of 6 Old 01-18-2007, 10:47 PM
 
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We recently had that happen with dfd, but this particular sw is horrible at explaining things and really not very communicative with us, so I really have no idea what it means. Other than perhaps someone showing up unexpectedly, etc. brings up different issues?? In dfd's case too, they already had a termination hearing date when they continued the dependency hearing...so it was like "huh?!"

I am sorry. I wish I had something useful to tell you, but I don't. Just want to offer hugs.

I'm pro-adoption reform, but not anti-adoption.
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#3 of 6 Old 01-19-2007, 07:02 PM - Thread Starter
 
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Sierra, thank you for responding!! I just checked the public website in our county and he has been incarcerated!! A SW friend of mine said since he has the right to be there, they probably continued it because of that. It's not looking very good for him right now.....but I won't breathe until those papers are signed!

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#4 of 6 Old 01-21-2007, 01:14 AM
 
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In most cases according to state law, it is suppost to take a year, however if the parents want they can drag it out for several more years. The natural parents have the right to appeal to the local appeals court, the to The Supreme Court. The only way that it can take a year, is IF both natural parents have lost permanent custody of their children. If you are told anything else it is probably not true. The CW is suppost to reunite natural parents and their children before they ever go up for adoption. Even if the natural father is in jail, as long as it nothing to do with the baby ie. molestation, then that it not suppost to go against him.
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#5 of 6 Old 01-21-2007, 05:42 AM - Thread Starter
 
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Birthdad has also failed to reunify with an older child that is currently in foster care right now. Birthmom has no chance of even getting services. Birthdad has a huge wrap sheet and a couple of SW's that I have talked to (not relating to this case) have told me that even though he has rights, they don't usually choose to reunify with these types of parents. Birthmom has lost 7 children to CPS, by the way.

We have a bio sib to this baby and from what we're hearing we also have rights (and so does our daughter to her sibling). So, we are hoping and praying for the best.

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#6 of 6 Old 01-22-2007, 01:36 PM
 
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Our SW explained to us yesterday that, even though state law says that the permanancy hearing MUST be no more than 364 days after the child is made a temp state ward, many judges go against that statute and make their own rules, basically because they don't like being told what to do (most of them who do this were on the bench a long time before the statute was written and still want to do it THEIR way). She said that, although it is SUPPOSED to be a year, not to get our hopes up, or to have any expectations at all, because it could be very different, depending on the judge. Good luck, it must be maddening!

Mama to two awesome kids. Wife to a wonderful, attached, loving husband. I love my job-- I'm a Midwife, Doula and Childbirth Educator, Classes forming now!

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