TPR strategies PLEASE, any help, advice, anything

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

TPR strategies PLEASE, any help, advice, anything

Postby md14 » Fri Apr 03, 2015 9:46 am

We are working with our attorney on this but I could really use some general suggestions on things to do. I really don't want to discuss our case other than to say that we have followed the service plan, everyone that has worked with us has said we've made progress and shown benefit, and in general good things about us. 3 out of the 4 counselors recommend reunification, however, because of the circumstances of our case DHS wants to terminate our parental rights.

I was wondering if there were any links or sites on TPR procdedure or just anything that could be helpful. We are trying to do everything, including finding our own services since DHS says they don't have these services/can't provide them. We are trying to find experts as well. We are willing to spend every last dime we have to get our kids back. I am looking for any info on strategy and explanations on statutory grounds and best interest. Any help would be appreciated.

whosechildrenarethey
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Re: TPR strategies PLEASE, any help, advice, anything

Postby whosechildrenarethey » Fri Apr 03, 2015 10:20 am

This link will take you to a site you may find helpful regarding Termination of Parental rights, including a state by state summary of applicable statutes. https://www.childwelfare.gov/topics/sys ... directed=1

While there are federal mandates governing CPS, each state has individual statutes, administrative codes, etc... they must follow and their own set of policy and procedures. Try to query online for your states CPS policy and procedure manual. Additionally you should query for your states rules of juvenile procedures to familiarize yourself with the TPR court process.

TPR hearings as a general rule deal with not only the best interest of the child/ren - but with the fitness and capacity of the parent's both of which are to be evaluated at the time of the hearing as opposed to prior to the CPS intervention and services.

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LindaJM
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Re: TPR strategies PLEASE, any help, advice, anything

Postby LindaJM » Fri Apr 03, 2015 11:24 pm

I once got an email from an appeals attorney who worked on CPS cases. He said many of them had no basis on which he could appeal. He recommended (1) if your attorney is incompetent, say so in court. It sounds like that's not an issue in your case. (2) hire expert witnesses to testify on your behalf.

In general, gather a lot of documentary evidence that you have received (services completed, therapists recommending reunification, etc.) and write a declaration of facts that will have all this evidence attached as "exhibits."

If you have more evidence on your side, the judge would have to consider returning your children to you. I hope your attorney can help you with the proper presentation of evidence to the court.
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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 ...

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family_man
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Re: TPR strategies PLEASE, any help, advice, anything

Postby family_man » Sat Apr 04, 2015 7:21 pm

I don't have any experience with TPR trials, since my case never got that far. However, once you stipulated that abuse or neglect has occurred, it will be very difficult to argue that the state was unjustified in taking custody of your children in the first place. Thus your trial will center around whether you successfully satisfied the terms of your case plan. You must present evidence that you did complete everything on your list, or if you could not, why it was physically impossible to do so. Keep in mind that once a judge approve the case plan, the state cannot add stuff to it without the judge's approval. Thus it can't be held against you if you didn't complete something that wasn't on the judicially approved plan.
Disclaimer: I am not an attorney, and this is not legal advice.


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