Need serious advice, how can they do this??

A place for parents who have been through a termination of parental rights. Please network here on ways to reconnect with your children, cope with the trauma of separation, and promote advocacy against this cruel system of family destruction.

Moderators: family_man, LindaJM

md14
Posts: 6
Joined: Fri Sep 26, 2014 4:14 pm

Need serious advice, how can they do this??

Postby md14 » Mon Oct 19, 2015 1:33 pm

So we've been fighting cps for a year a half now. I will explain this much about our case, the main issues are over sibling abuse.

After many months and threats about termination, CPS agreed to return 2 of our children home. At this time we were supposed to voluntarily terminate our rights on two of our kids. That was the deal, you sign your rights over on these two or we will terminate on all your kids. But, they returned two of our kids and then I could not go through with a voluntary termination. So this left them in a quandry. The judge ordered two of the kids home and termination on two of the kids.

So now the two youngest have been home for over a month and doing well. We, by the way, have completed and gone above and beyond on our services plan, getting additional counseling services beyond what they requested and including services they refused to provide us.

So now, the prosecutor is running out of time to file the petition so he calls our attorney up and wants to give us a heads up that he is thinking about terminating on all of our kids. And basically we're back to the you sign over your rights to your other kids or we are going to take them all.

How can they do this? The judge JUST returned them. We've done everything we've been asked. We have been doing great at home with no problems. So how can they say they need to terminate on these two now?

They are using them to blackmail us into doing what they want. I am not sure how to fight this. I can't lost my little ones again. They can't handle anymore trauma but I don't want to give up on my other kids either.

User avatar
family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: Need serious advice, how can they do this??

Postby family_man » Tue Oct 20, 2015 7:08 am

What does it mean that the judge ordered the termination on two of your kids? That would imply that it has already happened. Maybe what the judge did was to approve the state's goal of adoption or permanent state custody for the two that were not returned to you.

The prosecutor wants you to voluntarily terminate on two of your children because he either thinks he doesn't have a strong enough case to do it via a trial, or because he is too busy or too lazy to prepare for such a trial. I think it's likely that if you do go to a full termination trial, you won't lose the two that were returned to you. It's also possible the judge won't terminate on any of them. However, there's no guarantee. What does your attorney want you to do? Is he/she court-appointed or a private one?

If you can provide a credible plan for the two abusive children which will keep the other two safe, I don't see why any TPRs would be necessary. Such a plan might involve placing them in some special treatment center for emotionally disturbed youth.
Disclaimer: I am not an attorney, and this is not legal advice.

md14
Posts: 6
Joined: Fri Sep 26, 2014 4:14 pm

Re: Need serious advice, how can they do this??

Postby md14 » Tue Oct 20, 2015 8:47 am

The judge ordered the petition to terminate on two of my children and returned two of my children. He also said the two other should never be returned to the home regardless of the services they receive.

My attorney is a paid attorney- spent all of our savings on her. She hasn't actually given me advice only told me my options. We have tried to find another attorney before who just told us to take the deal and sign a voluntary release on our two kids.

I think they will likely lose if they try to terminate the two that are home but I don't want them stuck in foster care while we fight this out.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Need serious advice, how can they do this??

Postby LindaJM » Tue Oct 20, 2015 6:31 pm

Why terminate your rights? If this is sibling abuse, why not find another home for the older children - with a relative, for guardianship, for instance? I don't understand why this is moving toward termination of parental rights. If you go to a TPR trial that means they are saying YOU are not able to be a parent. That could apply for all four children. If you sign the older children over to someone else, that would save your parental rights. How old are these children?
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

md14
Posts: 6
Joined: Fri Sep 26, 2014 4:14 pm

Re: Need serious advice, how can they do this??

Postby md14 » Tue Oct 20, 2015 7:05 pm

LindaJM wrote:Why terminate your rights? If this is sibling abuse, why not find another home for the older children - with a relative, for guardianship, for instance? I don't understand why this is moving toward termination of parental rights. If you go to a TPR trial that means they are saying YOU are not able to be a parent. That could apply for all four children. If you sign the older children over to someone else, that would save your parental rights. How old are these children?

That is exactly why we are so confused and upset. I told my attorney this is not a termination of parental rights but a termination of our kids rights. This isn't about us, it's about them.

Our kids are 14 and 12 (12 and 10 at time of removal). My 12 year old as far as I know hasn't really had any type of counseling regarding his issues. We have not been allowed to have any family counseling with him at all. His foster parents want to adopt him and have done everything to hinder reunification. My 14 year old has had treatment and is now in a less restrictive program going to public school. They recommend reunification as soon as she completes the program.

I don't have any family to take them. My sister and brother in law were keeping my youngest two (the ones that were returned home) but they want to be done with this. And, they don't want to deal with the challenges of my other kids. My daughter has bipolar and my son has autism. So I really don't have anyone.

I'm not sure what we are going to do.

**I wanted to add they were not planning to terminate our rights on all of our kids, just the two. They are only threatening to terminate on all of them if we don't agree to voluntarily terminating on the older two. Our counselors think that we are capable of reunification with them. AND there are wrap around services that they could provide to us to make this happen. They just don't want to. Money, money, money, money....

All of my kids cry because they want to be a family again. They want to be together and there is no reason why we can't make this work.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Need serious advice, how can they do this??

Postby LindaJM » Tue Oct 27, 2015 7:42 pm

I was going to ask how your 12 year old son feels about being adopted, but you answered that at the end when you mentioned him crying to be home with you again. Have you talked with him about the possibility of being adopted by his foster parents, to find out how he feels?

They are putting you through an impossible choice scenario. It is heart-wrenching, and if the older children want to be home with you, why are they torturing the children that way? Is this all because the foster parents want to adopt?

Which child is accused of abusing the others? Maybe they're trying to keep your home safe for the two younger children. Going to a TPR hearing is a gamble. It is impossible to know what the judge's ruling might be.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

Justice4FLFamilies
Posts: 1
Joined: Sat Dec 03, 2016 9:40 pm

Re: Need serious advice, how can they do this??

Postby Justice4FLFamilies » Mon Dec 26, 2016 7:39 pm

They want to make $ off of your children via Adoption. Write a letter to Washington DC Office of Civil Rights an official complaint using the form on here. They are interfering with your right to parent without state interference.


Return to “TPR Parents”

Who is online

Users browsing this forum: No registered users and 3 guests