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

[candycr]

I am sorry you feel that way, and I suspect it might be a year or two of non complyance before they ask you to adopt them.

You can wait it out, or you can possibly loose everything, or you might win.

Thats it, thes are the possible outcomes, and I suggest loosing everything, might be more likely then winning at this stage of the game. You should try to wait it out, and stop trying to push someone who might push back against you. (the parents)

Maybe if you dont push them they'll continue to screw up, and CPS will agree you should adopt them.

Yep. I think you are right.

 

[Proserpina]

1. They are supposed to complete drug counseling and pass a drug test. (They have received 3 drug tests & have never passed)
2. They are supposed to complete several hours of parenting classes. (They haven't even called to set up the appts)
3. They are supposed to undergo full MHMR- mental health assessments and follow up with recommended therapy (nope, not yet.)
   They are supposed to undergo marriage counseling (nope)
   The father is supposed to complete anger management class. (nope)
   
   Also, they have weekly visitation with the children. Since they have been in my care, 3 1/2 months- 14 possible visits, they have attended 2.

OK and this was meant to be done within what time period?

 

[candycr]

OK and this was meant to be done within what time period?

Within 6 months. CPS thinks that once they actually BEGIN services it will take 6 months to complete. Initially, CPS said they were only going to give them 3 months to begin services before they closed their case & sought permanent family placement, but then my sister & husband moved & we got a new case worker. She hasn't told me how long she will allow them to just string the kids along without visiting them or working services.

 

[Antigone*]

OP, please allow me to give you my 2 cents.

Work with CPS when it comes to the reunification as much as you are requried to. If mom and dad do not comply with the reunification plan then the court will eventually come to the decision on its own about the termination of the parental rights.

The court will only accept so many excuses and then they will no longer buy the bulloni they are being fed. But... and I say BUT... you need to assist in the reunification process so that in the end, it was all mom and dad's doing that caused them to lose their children.

You have custody now, when the time comes and they want to place the children in a more permanent home, you will be in the right position.

If what you have demonstrated to us is their "compliance" with the case plan, it is only a matter of time that the case will be closed...and certainly not in their favor.

Please be strong for the children. Don't badmouth mom and dad ever, they still love their parents.

Take care, ana

 

[candycr]

You're all right. I guess I just HATE this feeling of uncertainty for both the children & for my husband & I, so I want to take action to end it. I hate waiting on CPS's or my sister's timetable. I can't stand not being able to plan for this year or the next. I'm a very structured person. And, of course, if the parents were stable I would want the kids to be with them, I'm not trying to steal anyone's children from them. We don't have children of our own- on purpose! The kids both see a therapist weekly to help deal with the trauma they have been through, and believe me, I NEVER talk bad about their parents, no matter how hard I have to bite my tongue!

 

[Proserpina]

You're all right. I guess I just HATE this feeling of uncertainty for both the children & for my husband & I, so I want to take action to end it. I hate waiting on CPS's or my sister's timetable. I can't stand not being able to plan for this year or the next. I'm a very structured person. And, of course, if the parents were stable I would want the kids to be with them, I'm not trying to steal anyone's children from them. We don't have children of our own- on purpose! The kids both see a therapist weekly to help deal with the trauma they have been through, and believe me, I NEVER talk bad about their parents, no matter how hard I have to bite my tongue!

Really, all you can do at this point is let nature take it's course - and then get an attorney!

(Seriously - should it become a likelihood, you don't want to do this without an attorney)

 

[Antigone*]

You're all right. I guess I just HATE this feeling of uncertainty for both the children & for my husband & I, so I want to take action to end it. I hate waiting on CPS's or my sister's timetable. I can't stand not being able to plan for this year or the next. I'm a very structured person. And, of course, if the parents were stable I would want the kids to be with them, I'm not trying to steal anyone's children from them. We don't have children of our own- on purpose! The kids both see a therapist weekly to help deal with the trauma they have been through, and believe me, I NEVER talk bad about their parents, no matter how hard I have to bite my tongue!

If your sister ever gets her act together, she will come to understand and thank you for taking care of her children.

If she doesn't then no skin off your back you are taking care of the kids who so need love, affection and protection.

I know what it is like to be structured and having everything in order. You are going to have to learn how to sway like a palm tree.

So hang tight for now ~ work the plan ~ always take the high road and please come back and let us know how things have gone for you and your family.

One question ~ have the children been appointed their own attorney?

 

[candycr]

"So hang tight for now ~ work the plan ~ always take the high road..." This shall be my mantra.... ohm.....

Thanks!

 

[candycr]

One question ~ have the children been appointed their own attorney?

No, they haven't. I have heard they are supposed to be...should they have one appointed by CPS?

 

[Ohiogal]

The parents have begun to comply with CPS after 3 1/2 months. My sister & her husband are EXTREMELY manipulative, aggressive & hostile towards my husband & I . The kids have expressed they no longer want visitation & want to live with me.

Of course I am going to hire an attorney and I understand that the parental rights & the adoption are two separate processes, however, I just want to know if it is possible to have their rights terminated AND visitation terminated.

You have no chance to adopt if the parents are complying with CPS. If they successfully complete their case plan they will be returned to their parents. As it should be. YOU do not get to determine nor fight for visitation to be terminated. If you tried it, I could see the children being REMOVED from your home for interfering with the parents' constitutional rights and impeding reunification.

 

[Antigone*]

No, they haven't. I have heard they are supposed to be...should they have one appointed by CPS?

The children's attorney (appointed by the court) should be present at all their hearings. You should ask the case worker who the attorney is and then make sure you involve yourself with the attorney on the day of the hearing so that you can stay in the loop.

When and if the time comes for further action from the court they may be able to assist you in finding an attorney that can help you.

 

[Ohiogal]

1. They are supposed to complete drug counseling and pass a drug test. (They have received 3 drug tests & have never passed)
2. They are supposed to complete several hours of parenting classes. (They haven't even called to set up the appts)
3. They are supposed to undergo full MHMR- mental health assessments and follow up with recommended therapy (nope, not yet.)
   They are supposed to undergo marriage counseling (nope)
   The father is supposed to complete anger management class. (nope)
   
   Also, they have weekly visitation with the children. Since they have been in my care, 3 1/2 months- 14 possible visits, they have attended 2.

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.

 

[Ohiogal]

Within 6 months. CPS thinks that once they actually BEGIN services it will take 6 months to complete. Initially, CPS said they were only going to give them 3 months to begin services before they closed their case & sought permanent family placement, but then my sister & husband moved & we got a new case worker. She hasn't told me how long she will allow them to just string the kids along without visiting them or working services.

The length of time is set by statute. A year minimum I do believe. CPS doesn't get to dictate.

 

[candycr]

The children's attorney (appointed by the court) should be present at all their hearings. You should ask the case worker who the attorney is and then make sure you involve yourself with the attorney on the day of the hearing so that you can stay in the loop.

When and if the time comes for further action from the court they may be able to assist you in finding an attorney that can help you.

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

 

[Ohiogal]

No, they haven't. I have heard they are supposed to be...should they have one appointed by CPS?

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?