May is National Foster Care Awareness month. I thought I should make an effort to blog more this month to share some insights and part of my journey. Today, I'm going to talk about the judicial side of foster care. It doesn't get talked about a lot. However, more light should be brought to this topic. Ultimately, it is the judges who make the final decisions for these children.
There are many variables to each case. Even though there are rules and timetables set for all things, it doesn't mean they will be followed. Just know what I am saying may not happen with every situation.
Once a child is placed into foster care, there is a "14 day hearing". This hearing is to evaluate the reasons for removal, give a service plan to the parents to help them get their children back, and to set the next court date. Also, an attorney is appointed to the children. They are usually the "Guardian Ad Litem" or GAL as well. The bio parents are required to attend this hearing. If they do not, it gets rescheduled. I have seen the "14 day hearing" get postponed as many as 4 to 5 times. This only drags the case on for even longer. At this hearing, the bio parents can contest the removal if they believe it was wrongful. If they do, then another court date will be set for the reason for removal to be reviewed. At that time, CPS investigators and bio parents will give their testimony and any evidence. The judge will decide if CPS removed rightfully. If the judge agrees with CPS, the children will stay in foster care and the case will continue. If the judge disagrees with them, the children will be returned to the bio parents usually the same day.
Every 60 days, give or take, a "status hearing" is held to review how the parents are doing with their service plan and to see how the children are doing in their foster home. It is usually a very brief session before the judge. Less than 15 minutes.
Around the 4-6 month marker they have a "permanency conference". This conference is not before a judge, but it is very important! The permanency conference is a time for CPS, the GAL, the attorneys for the parents, the foster parents, and bio parents to sit down and discuss the future of the children. If the bio parents are doing their service plan and really trying, they might talk about when to return the children. If the bio parents are not doing anything, they might talk about the need to switch goals from reunification to termination. A few days (or weeks) after this conference, there is a "permanency hearing". This is before a judge. They then discuss with the judge what the findings were from the conference. Sometimes, goals are changed or revised at this time. Even if the goal is switched to termination, it can always be changed back to reunification at any time.
Let's say the case is dragging on. The children have been in foster care for almost a year. At this point, two things can happen. #1 CPS will ask for an extension of 6 months to help give bio parents time to complete their tasks. #2 CPS may start talking about terminating the parent's rights. Usually, #1 is what happens.
If they decide to go towards termination, they usually have a pre-trial to set a date for the final trial. In Texas, bio parents are allowed to request their termination trial to be heard and decided by a jury. If this happens, it can take a little while longer to get a court date. If the bio parents do not request a jury trial, the judge will make the final decision.
I have sat through two termination trials. They are heart wrenching and intense. Even though, in my case, I was wanting to adopt the child involved, it didn't make it any easier. It is so hard to listen to all the things done wrong. My heart broke because I saw the loss. And yet, my heart cheered because adoption was around the corner for me! So many emotions!!!! Lots of crying.
Just because a parent's rights are terminated doesn't mean the case is over. The bio parents have the right to appeal the courts decision. They have 30 days to appeal. If they do, it can take 6 months to a year to get a ruling from the appellate court. If the appellate court disagrees with the original courts decision, a retrial could be required. If the appellate court decides there were no errors and they uphold the lower courts ruling, then the bio parents have the ability to request that the case be reviewed by the Supreme Appellate Court of their state. Now, Supreme courts get to pick and choose which cases they hear. More than likely, their case will be denied. However, it does drag things out and prevents an adoption from happening.
This is where we are right now. Bios have until May 16 to submit their official paperwork to have the case reviewed by the Texas Supreme Appellate Court. Once it is submitted, we wait to see if the higher courts will deny it or not. The waiting is terrible. It is frustrating. We were seriously only 10 days away from being able to head to adoption when they decided to appeal further. I am hoping maybe before the end of the summer we will have an adoption. But who really knows at this point.
I have been told though that if the higher courts deny the review, the bio parents cannot appeal any more. I am hoping this is true.
I know this was more informative than it was personal. I am planning on writing some more heart felt posts soon. I just wanted people to understand the court system a little better. It is difficult and convoluted at times. Like I said earlier, this may be the pattern it is supposed to follow; but there are no guarantees. They could change how they do things at any given time.
Please pray for the judges. They are having to make life altering decisions based upon the information given them. Sometimes those court documents leave out important things. Sometimes the decisions are made in the best interest of the parent and not of the child. These judges need discernment and wisdom.
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