How hard is it to terminate someone's parental rights/ prove unfit?

[Just Blue]

What constitutes a "hearing"? Are meetings at the CPS offices considered to be a hearing?

Not unless there is a Judge in the room.

 

[Ohiogal]

What constitutes a "hearing"? Are meetings at the CPS offices considered to be a hearing?

No. The judge/magistrate ruling on issues or having a review is considered a HEARING.

 

[candycr]

So when was the dispositional hearing? That is when the court would have ordered their case plan. They have a year to start making substantial progress on the case plan. That year can then be extended until a total of two years to complete the case plan.

The weekend they were removed from the home (3 1/2 months ago) I was asked to come to the CPS office & there I met with the case worker & the children's parents & the case worker laid out what was called the "Safety Plan". The parents went "missing" shortly after & last week turned up. The case worker went to their home at that point and made a "Family Plan" which she said was confidential & I could not see it.

 

[candycr]

What was the adjudication of the children? No they would NOT have one appointed by CPS. The Court would appoint an attorney. Do they have a CASA?

I don't know what you mean by "adjudication". Also, there have been no court hearings where a judge or magistrate was present. Should there have been? And no, they don't have a CASA- I'm assuming a court advocate, right?

 

[Zigner]

Look, Candy, you REALLY REALLY REALLY need to speak to an attorney NOW (ok, first thing in the morning). I truly believe you want the best for these kids. You do NOT want to shoot yourself in the foot on this one.

 

[Antigone*]

Look, Candy, you REALLY REALLY REALLY need to speak to an attorney NOW (ok, first thing in the morning). I truly believe you want the best for these kids. You do NOT want to shoot yourself in the foot on this one.

I don't think the OP has been completely kept in the loop. There should have been at least two court hearings by now.

 

[candycr]

Look, Candy, you REALLY REALLY REALLY need to speak to an attorney NOW (ok, first thing in the morning). I truly believe you want the best for these kids. You do NOT want to shoot yourself in the foot on this one.

Duly noted, but what do I need to tell the attorney? That I may want to adopt them in a year if their parents don't follow through with their plan? Thats what I'm saying- I don't know where to start...I mean, should there have been a hearing already? Instead of just meetings at the CPS office?

 

[candycr]

I don't think the OP has been completely kept in the loop. There should have been at least two court hearings by now.

Exactly. Thats where I am confused. There haven't been ANY hearings. Is this something different from other states? I'm in Texas.

 

[Proserpina]

Duly noted, but what do I need to tell the attorney? That I may want to adopt them in a year if their parents don't follow through with their plan? Thats what I'm saying- I don't know where to start...I mean, should there have been a hearing already? Instead of just meetings at the CPS office?

Tell them as simply as you can the situation you're in. Explain that you have temporary custody and want to know what needs to happen in order to adopt the children.

They will ask questions and will also know how things generally go on a local level (as I think this may be a HUGE factor with this one), and will probably know how CPS works in similar cases, again at a local level.

 

[Just Blue]

Duly noted, but what do I need to tell the attorney? That I may want to adopt them in a year if their parents don't follow through with their plan? Thats what I'm saying- I don't know where to start...I mean, should there have been a hearing already? Instead of just meetings at the CPS office?

I am going to post a link to your thread to a TX attorney...Please keep an eye on your thread.

 

[janM]

If CPS has custody (NOT you), and you are a foster parent (family placement), you may not be privy to all the court hearings. You are probably only the caretaker, not a party to the case.

 

[Ohiogal]

The weekend they were removed from the home (3 1/2 months ago) I was asked to come to the CPS office & there I met with the case worker & the children's parents & the case worker laid out what was called the "Safety Plan". The parents went "missing" shortly after & last week turned up. The case worker went to their home at that point and made a "Family Plan" which she said was confidential & I could not see it.

Then the parents agreed with the children being with you and this is a voluntary case plan. Hence the parents will have a long time because if CPS gets fedup then they will have to file in COURT to get a court ordered case plan.

 

[Ohiogal]

Tell them as simply as you can the situation you're in. Explain that you have temporary custody and want to know what needs to happen in order to adopt the children.

They will ask questions and will also know how things generally go on a local level (as I think this may be a HUGE factor with this one), and will probably know how CPS works in similar cases, again at a local level.

Wrong. She does NOT have temporary custody. She has placement or maybe guardianship due to the fact that it sounds like there is a VOLUNTARY case plan opened. If it is voluntary there have been NO COURT HEARINGS and will not be at this juncture. However, CPS has a right to open a case (court ordered) if the parents do not comply with a voluntary case plan which is what is going on here. If that doesn't happen, then OP needs GROUNDS and she needs to prove both parents completely unfit. Which is extremely hard, if not impossible to do.

 

[candycr]

Wrong. She does NOT have temporary custody. She has placement or maybe guardianship due to the fact that it sounds like there is a VOLUNTARY case plan opened. If it is voluntary there have been NO COURT HEARINGS and will not be at this juncture. However, CPS has a right to open a case (court ordered) if the parents do not comply with a voluntary case plan which is what is going on here. If that doesn't happen, then OP needs GROUNDS and she needs to prove both parents completely unfit. Which is extremely hard, if not impossible to do.

Good, good to know. I'm glad to know that I haven't missed or been left out of any important hearings. And, I'm finally learning that my place in this is simply a babysitter until the parents do the bare minimum it takes to be considered a parent in Texas.
I just have to believe in my heart that their time with me will have some kind of positive impact in their lives & hope they don't turn out like my sister & her husband!

 

[Ohiogal]

Now this is based on my knowledge. If the Texas attorney comes on here listen to her. GL knows more about Texas specific law than I do. I know juvenile law with a basis in Ohio but what I stated is my understanding of the Texas statutes.