Thursday, June 28, 2012

What just happened?

Now that we finished the first phase of our TPR (Termination of Parental Rights) trial, I've had many people ask me lots of questions.  So let me do my best to explain.

When a child(ren) are removed from home, the plan pretty much always starts out as REUNIFICATION.  They want children to be reunited with parents.  To do that, the caseworkers try to provide the family with lots of services and tools.  They provide the families with goals to accomplish as well.

The 1997 Children and Safe Families Act (ASFA) exists to help children who might otherwise remain in a system where "the system" continues reunification "at all costs".  The ASFA Act made states initiate termination of parental rights proceedings after the child has been in foster care 15 of the previous 22 months, except if not in the best interest of the child, or if the child is in the care of a relative.   For us, this was a little bit longer.  The caseworker had to do some paperwork and give it to the District Attorney's office. The DA then has to decide if they are going to accept it and file a motion for the TPR.

When you get to TPR court, there are two phases. The first phase is the fact finding phase.  This is where a jury or a judge determines whether "grounds" exist for termination.  The second phase is the dispositional phase (also known as Best Interest Phase).  (You cannot get to the second phase without getting through the first phase and have found "grounds" exist for a TPR.) A judge then will determine in this second phase, whether to terminate rights or consider an alternative. The focus on the second phase is the best interest of the child(ren). For us, we will begin the second phase in October.

Also, as of Friday, we have officially received word that our Adoption Home Study has been approved!  That means that we CAN BE adoptive parents!  All we need is for the children to become "adoptable".  It just feels good to have that paperwork all done and have everything "official".

No comments:

Post a Comment