Foster2Forever

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Another Custody Battle

As you know, I have a new nephew who has been fighting for his life in NICU for the past few weeks. However, there is another fight for his life brewing.  This poor baby entered the world with parents in the midst of a divorce.

Unexpectedly, the father has filed for custody of the baby. Amidst the joy of the birth of her first child, my sister is not only worried about her premature baby’s health, but frightened that the father’s family will do everything possible to get custody of the baby.

Please pray for my sister, Randi, and her baby!

Dragon is a fictitious name.

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What are Legal Risk Placements in Foster Care?

Our home is a dual-licensed foster home meaning that we are licensed for both foster care and adoption; however, we are currently only open for legal risk placements.  This week, our foster home worker sent us these FAQs on legal risk placements. Does this answer your questions or create more?

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LEGAL RISK PLACEMENTS

Some Questions and Answers

A child is placed in an adoptive home when all rights of birth parents have been terminated.  There are times when this cannot happen because of legal complications involving the termination. When this happens we may consider an adoptive placement with potential adoptive parents who are willing to take the risk that parental rights may not be terminated or who are willing to wait for this to happen no matter how long it takes.

1. What is a legal risk placement?

A legal risk placement is the placement of a child(ren) into an adoptive home prior to a final order terminating parental rights.  OR, if termination of parental rights has taken place, and the biological parents have appealed the termination to an appeals court.

 

2. Why does the Texas Department of Protective and Regulatory Services utilize “legal risk” placements?

Have you seen this movie “Losing Isaiah”?

This is a good question because some would suggest that no child be placed for adoption until all potential legal obstacles have been cleared.  TDPRS chooses to go ahead with a legal risk placement when the agency is reasonably confident that termination will occur.  It has been our experience that the wait for all court action to be finalized has created devastating consequences to the children in our Conservatorship.  In order to minimize the period of uncertainty in the child/ren’s life, TDPRS may proceed with a legal risk placement.  The Department will do all it can to expedite (or, speed up) the legal process and to reduce the risks of the adoptive placement being overturned.  Nevertheless, there can be no guarantees.  The Department recognizes that, if something goes wrong, then the family and child may face heartbreak and emotional trauma.  The Department is very cautious about utilizing legal risk placement prior to termination of parental rights.  Therefore, the Department will not consider making a legal risk placement unless it believes it has a good, solid care for termination.

Legal risk placements usually occur when a child needs to be moved from a foster home near the time the parental rights are to be terminated.  This move will only be made if it is our assessment that the child is ready to start bonding with the potential adoptive family.

 

3.  What requirements must a family meet in order to be considered for a legal risk placement?

A family must be licensed as foster parents until termination of parental rights occurs and must follow all rules and regulations that apply to foster parents.  The prospective adoptive family will need to be trained in CPR and First Aid prior to being licensed as foster parents.

The prospective adoptive family will have foster home worker who will visit the family once every two months and it will be important for the family to attend the six month review hearing (Chapter 18 Court Hearings) and the Permanency Planning Team meetings that affect the child placed in their home.

 

4.  Should an attorney be consulted prior to entering into a legal risk placement?

The Department strongly recommends that a family consult an Attorney regarding legal risk placements.  By consulting an attorney, the family will be able to obtain an assessment of the risks from a neutral source.

 

5.  When are legal risk placements made?

A placement is considered to be a legal risk when:

A.   parental rights have not been terminated;

B.   a parent has appealed the judgment terminating parental rights;

C.   a parent has taken action indicating that a termination judgment likely will be appealed.

 

6.  What risks must a prospective adoptive family consider?

The greatest risk is that a prospective adoptive family will have to give up a child. There are other factors a prospective adoptive family must consider.  For example, the family might have to provide continuing visits between the child and birth parents until termination takes place.  In addition, the prospective adoptive family will not be able to tell the child that they are their adoptive family until parental rights have been terminated.

Finally, the prospective adoptive family must recognize that the legal system can operate at a slow, unpredictable rate.  The termination hearing may be set and postponed time and time again.

 

7.  How long will the process take?

Because every case is different, this is an impossible question to answer.  Because of the legal process it sometimes takes six months or longer for parental rights to be terminated. After the termination hearing has been held, a court order must be drafted.  This order then must be approved by all parties and signed by the judge.  An estimate of the time involved in the process is 30 days, although it can take much longer. A biological parent has 30 days to appeal after the judge has signed the termination order and relatives specified in the law have 90 days to file intervention of interest for placement or contact.

 

8.  When does a legal risk placement become an adoptive placement?

The placement can change form legal risk foster placement to an adoptive placement 30 days after the judge has signed the termination order. The child may take the last name of the adoptive family at this time.

 

9.  What happens if a termination order is appealed?

Thirty days after the termination order has been signed, the status of the family changes from foster care to adoption.  Should the birth parents appeal the termination, they obtain an attorney who may challenge the termination order.  This appeal goes to an appellate court which can take six months to two years to hear the case.  If the termination order is overturned, the case will again go to trial.

 

10. Will the Department appeal when the children are ordered to be returned to their biological parents?

There is only a very slight possibility the Department may pursue an appeal.  The vast majority of trial court decisions are upheld.

 

Types of Legal Risks Placements:

1. Termination has occurred but birth parent is appealing (Regular adoptive placement);

2. No termination but the Department is reasonably confident termination will occur- Mainly uncontested terminations.  (Adoptive parents must be licensed as a foster home and cannot tell the child they are the potential adoptive family).

 

Legal Risk Placements Occur When:

1.  Parental rights are not terminated or Parental rights have been terminated and are under appeal;

2.  If no Termination, the termination of parental rights is likely to occur;

3.  A child needs to be moved from their foster home very near the time parental rights are to be terminated;

4.  The placements in an adoptive home can save the child extra move into another foster home;

5.  The child is ready to start bonding to their potential adoptive family;

 

Texas Department of Family and Protective Services will place children or families in legal risk situations only if:

A.  It is the best interest of the child;

B.  There is a high degree of probability that parental rights will be terminated; or

C.  Details have been discussed with the family.

 

Before a Legal Risk Placement can occur:

1.  A prospective family must be identified and they must be licensed as a foster family;

2.  The family must read the child’s Health, Social, Educational, Genetic and History Report before they meet the child;

3.  The family must read the child’s de-identified case record;

4.  The family must read and sign the Legal Risk Placement agreement with the Department.

 

OTHER OPTIONS:

Dual-Licensed Home: A Dual-Licensed family is a family who is licensed as both a foster family and an adoptive family. They will take both foster care placements and adoptive placements.  A child would be placed in the home as foster care placement.  If the child becomes legally free, the family has the option to adopt that particular child.   The family will also be considered for adoptive placement of other children who are not in their home.

Dual-Licensed families differ from Legal Risk families in the intent of the placement.  Legal Risk families are adoptive families who are licensed as foster families in order to take a legal risk placement.  The intent of the placement is adoption.  Dual-Licensed families are both adoptive and a foster family.  The adoptive placements are true adoptive placements.  The foster care adoptive placements are with the intent that the agency is working to return the child to the parent or relative.  It is true foster care placement.

 

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Another Screwup to Postpone Adoption

Can you believe it? Another problem to delay the adoption of our 22-month-old foster child, Lil Bit. Those of you that follow Foster2Forever on Facebook already have heard. For the rest of you…

Last Tuesday afternoon, I was at work concentrating on compiling an annual equipment order, when the alarm on my phone sounded. As I glanced down, I began to panic — a court hearing for Lil Bit in 10 minutes!!!! I quickly shut everything down in my office, and raced to my car to get to the court house about 15 minutes away.

Check out Lil Bit's summer buzz cut! He screamed and lashed about during the entire cut.

I get there at 1:35 p.m. (without getting a speeding ticket – a blessing if you know my driving record). I find the court docket posted and see Lil Bit’s name third on the schedule; however, next to his name a handwritten note “not on CPS list.” I grab the first attorney I see and ask him if that means his case won’t be heard. His reply, “Not necessarily. This case with the same note is going before the judge.”

I’m not sure what to do. I glance in the court room at another case being heard and don’t see the back of anyone’s head that I recognize. I take an overdue potty break, and as I slip out of the restroom, the attorney I spoke with pointed at the court room and said, “Your case.”

I rush into the court room and sit next to my attorney (where did he come from?). The caseworker supervisor for the State of Texas has already been sworn in. She testifies that Lil Bit is doing well and that his case has been transferred to the State’s Adoption Unit. However, once the attorney ad litem begins cross-examining her, the answer has been changed to “the case has been transferred but has not been accepted by the Adoption Unit.”

As caseworker supervisor leaves the stand, my attorney turns to me and asks, “Do you want to testify?” My reply is a simple “no!”

However, my attorney does use the opportunity to request that we be named Joint Managing Conservators with the State of Texas.  The judge rules that and schedules the next hearing for the end of August.

Afterward in the hall, my attorney tells me what really happened in the court room. “They had the wrong kid’s name on the second page of the paperwork, and the Adoption Unit rejected it.”

Yesterday, I received Lil Bit’s correct Final Order of Termination of parental rights, so he is now “officially” recognized as an orphan.

His case can now be accepted and processed by the Adoption Unit.  After that, all we will need is for INS to issue Lil Bit’s certificate of citizenship so we can finalize his adoption.  In short, we are waiting on the U.S. Government – isn’t that just dandy?

We are hoping that we can adopt him before the August court date if his U. S. citizenship is certified by then.  However, we do want to wait until after his second birthday in mid-August so that he will be eligible for subsidies, such as medical insurance, given his delays and health issues.

So will we adopt our Lil Bit in August??? Only the good Lord knows…

“I know the plans I have for you,” says the Lord. “They are plans for good and not for disaster, to give you a future and a hope.” Jeremiah 29:11 (NLT)

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Open Adoption: Writing to the Birth Family

In foster care adoptions, openness is a rarity and not usually the norm. Usually, birth families lose parental rights for a variety of reasons that make it unsafe to continue contact.  However, our situation is a bit different: our agreement is for a semi-open adoption.

Last September, the birth mother of our 20-month-old foster son, Lil Bit, voluntarily relinquished (signed over) her parental rights. With the advice of an attorney, she negotiated to do so with a legal agreement.  In this agreement, in May of each year, we are to send an update letter with photos. (In August, she may visit Lil Bit with a one-month written notice)

The photos were easy, especially since Shutterfly gave 50 free prints as a Mother’s Day gift to its customers. (Yes, I’m frugal) The difficulties for me lie in writing the update letter.

A few events have occurred regarding Lil Bit I’m not sure the birth family should worry about.  For instance, on Valentines’ Day, Lil Bit was hospitalized again for RSV and pneumonia. Would the birth mother worry about a past health issue after it’s been resolved? Also, Lil Bit is speech-delayed and receiving speech therapy through Early Childhood Intervention (ECI); however, he is beginning to talk more. I want her to know that her precious child is, in fact, doing well.

Dear Friends,

Is is wrong to want her to know only the positive aspects of his life and not include the negatives? What would you include in an update letter to the birth family?

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Our Foster Baby is Officially an Orphan!!!

Hearts (Explored!)The birth father’s rights were terminated in court today! We will be able to adopt our 18-month-old foster baby, Lil Bit, as soon as his citizenship is certified.

My morning started with a call that my mom was in serious condition at the hospital with heart problems.  Here are my Facebook status updates:

  • On the way to termination hearing & just learned that my mom is in serious condition at the hospital 4 hrs away. #needprayer
  • Our foster baby is officially an orphan so we can finally adopt him!!!
    (After he becomes a US citizen, that is.)
  • Mom is still in the hospital with heart problems. Docs are giving shock treatments to get it beating right.
  • Mom is not getting better. Blood pressure dropped drastically today. Scheduled for heart procedure tomorrow. She doesn’t want me to go there

I am being the always defiant daughter and not minding her! I will be out-of-town for the next few days…

You can keep up on Facebook or Twitter…

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The Case of the Missing Birth Father

What do you do when a birth parent can’t be found? Can their parental rights automatically be terminated?

Lil Bit’s birth father is missing. All we know is that he is somewhere in Mexico. The State has been working with the Mexican consulate to locate the father; however, the dad has a fairly common name. For example, imagine trying to find an “Eduardo Hernandez” somewhere in Mexico.

Gavel

Photo courtesy of walknboston on Flickr

Termination of parental rights is scheduled for next week; however, the baby’s ad litem attorney is concerned.  Last week, she called a special hearing in order to discuss this matter with the judge.  After making numerous changes to our family’s schedules, I was able to make it to the hearing.

Our less-expensive attorney (at only $200 per hour) is waiting as I walk up to the courthouse.

“Bad news. The docket is overflowing from this morning and there is no telling how long it will be before this case goes before the judge.”

Oh great! ($200 times all afternoon equals a butt-load of money!!!)

We go inside and take a seat in the courtroom. Strangely, the judge comes out and as everyone is standing, he says, “No, no, you can remain sitting.” At this point, my attorney excuses himself.

A few minutes later, as others are squeezing into the bench beside me, our attorney comes up to me and nudges me to follow him outside.

After making our way out the door into the hall, he tells me that he and the ad litem had already met with the judge in his chambers.  Apparently, the judge addressed the ad litem’s concerns by appointing an attorney to represent the birth father’s interests – an attorney to represent the birth father’s empty chair at the termination hearing still scheduled for next week.

Let’s hope this new attorney doesn’t request a continuance….

Thanks to Danni for the support. She is currently enrolled in online social work courses and spends her free time as a nanny and volunteer at the
local food bank.

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6 Tips for Open Adoption in Foster Care

Today Foster2Forever is hosting a guest post from Jennifer of The Lark’s Nest who will be writing on the sensitive topic of open adoption…

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My name is Jennifer (aka Mama Lark).  I am a fellow foster mother and have been doing that for a good 4 years now!  My husband and I jumped into foster care immediately after finding out that we struggled with fertility issues.  We LOVE our lives as a resource family for our state and we wouldn’t change it for anything!  If you want to learn more about my family, please check out our blog.

Foster Care Open Adoption **Disclaimer: Open Adoption in Foster Care is NOT for everyone!! Not all situations would be advantageous for pursuing openness.  These relationships take a great deal of time (and effort).  Open foster care adoptions are NOT for the faint of heart.  As mothers, our primary responsibility is protecting our little ones.  As a foster/adoptive mother, that responsibility is even greater and even more discretion is necessary.  These children have been hurt once before.  Putting them back into a dangerous situation- whether it be physical or emotional- should be out of the question.

Our journey to parenthood was filled with many trials and tears.  On a cool October afternoon, I received a phone call informing me that I would be a mother. Within the week, a beautiful little angel moved into our home (and our hearts)!  After 2 adoptions (and 1 more scheduled for April), we are ridiculously proud parents with the support of 2 beautiful birth mothers whom we have lovingly dubbed our “Tummy Mommies”.

Our daughters are biological siblings.  They were removed from their birth mothers’ custody for various degrees of neglect stemming from her drug abuse.  Miss D was born addicted to drugs, and had developed a muscle weakness in her neck from being left in her car seat too long.  Sassy Pants came to us with a urinary tract infection so bad, it hurt when I used the restroom! An open relationship was NOT something I envisioned in the least bit! It just wasn’t going to happen.  NO WAY, NO HOW!

As random health issues arose, I looked into the girls’ files and discovered their birth mother had also been a ward of the state.  I read through HORRIFIC accounts of her life pre-foster care, and my heart ached for that poor child.  After numerous stints in group homes and few “failed” placements, she eventually aged out of foster care as an unwed, drug-addicted mother.  Knowing her heartbreaking past, made it easier to find some level of forgiveness.  Our open “arrangement” did not happen overnight! (Our youngest was 2 1/2 before I even considered tracking birth mom down.)  When I did, I was pleasantly surprised.  She had stopped using drugs, had gotten a job, was attending school, found a great guy and was raising a daughter with him.  (Believe me- I was skeptical… but she still hasn’t gone back to the old ways.) From her huge lifestyle changes, we were able to form an amazingly strong relationship built on trust and mutual respect.

Do you want a more OPEN relationship?  Are you interested in pursuing some version of “open”? Great!! Remember from my earlier disclosure- its NOT for everyone! But for those of you interested in trying it out…

Here is my list of 6 “Non-Negotiables”:

1. the HMMM stage: Plan this out! Ask yourself questions like, how do I WANT this to look?, how will I explain this to our children?, how will I explain this to other people? If all goes well, you will also find yourself asking, how often do we want to visit? Do we want to visit at all? Would it be easier to just exchange photos and emails so many times a year? Should we invite them over for birthdays/holidays? YOU are the one that needs to feel comfortable!  Make your plan work for YOU!! Do what is within YOUR comfort level!   Once you figure out what YOU are wanting this to look like, set up a time where you and the birth family can meet.  Don’t drag your little ones with you until you KNOW that this is a safe situation for them.  A pre-meeting will definitely help!

2. follow your guts:If your motherly instinct kicks in and tells you something just isn’t right, it probably isn’t! One of my rules from the get-go was Tummy Mommy could only be around our children if she was drug-free.  It would be unrealistic to demand urine tests, but we did other things to make sure it was safe for the kids.  I spoke to police officers and counselors about drug addictions and behaviors that could indicate that she was using…   Educate yourselves!  And even if you think its just a silly reaction- TRUST YOURSELF!!  Don’t worry about offending people when your sole priority is keeping your children safe.

3. communicate!: Tell the birthfamily what you are wanting! If you are hoping for this relationship to grow and develop, being upfront about your expectations.  It may be awkward and weird, but it’s equally awkward for the person sitting across from you.  Be honest in your dealings!  Don’t deviate from the plan you created in the HMMM stage! Make sure that these families know that in NO WAY is this a co-parenting situation!!! YOU are the parent, they no longer are.  They have no say in the way the child is disciplined, in the child’s schedule, schooling, clothing… ANYTHING!!  I also recommend that you come up with what you want the child to call their birth family members.  Like I said, Tummy Mommy worked for us.  The girls know that they grew in her belly, and are now part of our forever family.  They don’t know the exact reasons yet because I don’t feel its appropriate at this point in time…  Just make sure you are comfortable with what they call her.  Our children are small, so I am not sure what the best method would be for older children.  Do some reading & research!

4. BOUNDARIES! BOUNDARIES! BOUNDARIES!: While you are communication your “HMMMM plan” with the birth families, make sure to set BOUNDARIES!! Every relationship has them, this one should be no exception.  Each of us will have different comfort levels which will mean each of our situations will have different boundaries.  Some of our boundaries include:

  • No babysitting!
  • She is never alone with the girls.  We always do “family activities”.
  • No showing up without an invitation.
  • No additional people unless they are approved by me.

I ALWAYS made sure I was comfortable in the situation, so I encourage you all to do the same!  If you aren’t comfortable with birth families knowing where you live, meet in a public place.  If you aren’t comfortable with them knowing what your vehicle looks like, take public transportation to the visit! If you aren’t comfortable with the idea of them posting pictures online, make sure they know that! Tell them if a camera comes out, the visit will be over.  If you don’t want them bringing friends, tell them!  Do NOT be afraid of setting these boundaries!

5. no flakes allowed: Your time is valuable.  Waiting around for a birth parent visit that was supposed to start at ten is not an option!! If you plan on a ten o’clock visit, there needs to be a ten o’clock visit or no visit at all.  If there is a serious issue that comes up, that’s one thing… and you should exercise your best judgment.  If it becomes habitual, visits are not in the best interest of your children.  If seeing their child is not a serious priority to them, don’t put child through the back & forth.  Its not fair to the kiddo, and it just places them back  in the situation where they originated from.  DON’T STAND FOR IT!!!

6. “can I borrow…”: This statement is NOT an option in our arrangement!  Gifts around holidays/birthdays are one thing, but loaning money is not an option.  Our birth mother has never asked us, and knows that if she did, I would tell her no.  (I don’t feel comfortable loaning my little brother things!!)   Don’t pay their bills, don’t ask your friends to do them favors, don’t give them cell phones…. just don’t be naive.  Taking advantage of me is NOT happening!!

Hopefully these things will be helpful to you in planning/organizing a more open relationship.  Please don’t think that I advocate ALL foster care/adoption relationships to be open.  Because I do NOT!! There are cases where it is not safe for the child to have any contact.  As parents, do what works best for your family!!  This relationship has worked out wonderfully for us.  We love and appreciate Tummy Mommy so very much.  She is a great example of what overcoming the adversary should look like.

Foster Care Open Adoption“In the end, the number of prayers we say may not be as important as the number of prayers we answer.”  Our prayers were answered by our beautiful children and the mistake of another.  As long as she is working hard to overcome, we will continue to answer her prayers by letting her know that our children are safe… and oh, so beautiful.

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Foster Baby Arrives! Then Adopted!

On March 4, 2008 at around 3pm, I received a call from the State for an 8-month-old baby boy that needed a foster home. “Foster only“, she repeated twice. “Sure!” was my quick response.

If you recall, that was presidential primary election day. My husband & I were planning to attend our precinct convention that evening & were excited about the possibility of attending the Texas Republican convention again, this time in a presidential election year.

However, this call from the State changed our focus from that night forward.

A State investigator from an adjacent county arrived at our home at 6:45 that Tuesday evening carrying in her arms the cutest baby boy. His bright eyes lit up as he smiled at us for the first time. His bottom 2 teeth gleaming. He was wearing an olive corduroy jacket over his navy onesie with the cutest navy & white striped pants. He was wearing navy tennis shoes! So adorable!


I can only rely on my memory as I didn’t have the foresight to grab my camera.
(A mistake I haven’t made again!)

As the State investigator began telling us the story on this baby, we were thinking “how can anybody neglect a baby that way?” He came with next to nothing & had been kept in his car seat & dirty diapers. What a horrible diaper rash he had! (This is one reason we are having such a difficult time potty-training him now!) He was 8 months old & couldn’t sit up or even roll over! He was also very sick. (Look at those poor little sick eyes!)

That first night was TORTURE! He was so congested that he could only sleep 15 minutes at a time – ALL NIGHT LONG! It was the most exhausting night of my life!

The next morning I drove 1-1/2 to pick up my mother-in-law to help me. I had no idea how to care for an infant! (When pregnant, you have nearly 8-9 months to prepare.) I was an instant Mommy!
For the next 2 weeks, we had DAILY trips to Walmart to pick up some type of baby paraphernalia that we needed. I was absolutely, totally FRAZZLED for at least 6 weeks solid – overwhelmed by the incredible responsibility of instant motherhood!
As time went on, it became more apparent that this baby wouldn’t be going back to his parents. He did have a full brother 2 years older that was living with his grandparents. The baby would have been sent to live with his grandparents, but they were already raising SIX of their other grandchildren!
Once the parental rights were terminated, the grandparents realized that we could provide more for the baby than they could & decided to allow us to adopt him.
What a handsome little man he has become!
foster infant child kid adopting adopted
As challenging as our JD has been, he has been an amazing blessing in our lives!
Have a great weekend!

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Am I Harboring an Illegal Immigrant?

Living in Texas, illegal immigration is a HUGE controversial topic. Especially, since April when Arizona passed their stringent illegal immigration law. With a third of the Texas population being Hispanic, our Tex-Mex culture inundates us here. So much, that we don’t really think much about whether someone is here legally or not.

How does illegal immigration affect us personally?
Our 17-month-old foster baby, Lil Bit, was born in Mexico and brought back to Texas by his birthmother.

WHY? Because the State has removed so many children from the birthmother, she cannot give birth in this area without the hospitals contacting the State for removal. Before giving birth, the birthmother (a U.S. citizen) fled to Mexico with the Mexican birthfather and gave birth to our Lil Bit in Mexico. So, Lil Bit is “officially” recognized as a Mexican citizen with a Mexican birth certificate.

MexicoThis does complicate matters in that he is not considered a U.S. citizen.  (Dual citizenship has recently become discouraged by U.S. policy.)

The birthmother has voluntarily relinquished her parental rights; however, the State has to also remove the birthfather’s parental rights before Lil Bit will be officially available for adoption.

The problem is that the birthfather is somewhere in Mexico and must be given notice before the State can legally terminate his rights. Another problem is that the mentally-challenged birthmother cannot remember where he lives. So the Mexican consulate is now trying to locate a man with a fairly common Hispanic name somewhere in Mexico.

Another court date is scheduled for next month. We anticipate that the birthfather’s parental rights will be terminated at this hearing. Then Lil Bit will officially be an orphan and available for adoption.

Because Lil Bit is not “officially” a U.S. citizen, this will make our eventual adoption of him quite a bit more complicated — more like an international adoption. Although, he is considered a Mexican national without a green card, the State does have custody of him; thus, our Lil Bit will NOT be deported. Whew!

The State is currently working on his application for U.S. citizenship.

Who knows when the courts will “officially” name Lil Bit as our son – what we know is that Lil Bit already IS our son!

I’m Clever

Sway