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Anyone been through TPR appeal?


Hi,
So in a sense, things were going too well for us. Bio Mom “disappeared” around 7 months ago. Showed for 1 court appearance, but not the following 2.  Hasn’t complied with her court order.  The judge TPR in December - we weren’t even sure if the mom knew. With just 23 days left in the 60 day appeal period, we just found out that the mom has placed an appeal. We are told that more than likely nothing will change as there are no grounds for appeal, but we wanted to know if others have been through an appeal at this point in the process, how long did it take for the appeal to be heard and quashed (or not if that was the case!)? 
Many thanks for all and any responses/advice.

Replies

Yes, we also had the parents appealing the TPR order.  Our caseworker told us that even when there is no real chance, the parents often appeal so that they can tell themselves they did everything they could to keep their child or children.  (of course, what they couldn’t do was comply with the reunification plan…)  It helps them eventually to come to terms with reality when their children are placed in an adoptive home—and the adoption moves forward.

Posted by VintageMom on Jan 30, 2013 at 2:46pm

This happened with one of our adopted children’s half siblings. The Dad decided to appeal the TPR. The family that adopted them were told that it typically is viewed as more of a formality…the judge has made the decision and it’s not usually overturned. It took an additional month or two but it went through without any further issues. I’m sure, based on what you have said in your post that this is what will happen with you too. I understand the anxiety though and hope for the best outcome!

Posted by janobelch on Jan 30, 2013 at 6:24pm

We’re going through it right now. Same thing, can’t comply with reunification plan, or attend visits, but files appeal. We were also told that most do. Check with your worker. Ours told us that the average here is about 8 months (CA). There is also a website that you can follow the case to see things as the creep along.

Posted by sjsj on Jan 31, 2013 at 12:02am

We are past the appeal period, and haven’t heard anything, but I keep waiting to find out that one was filed (sometimes news travels slowly!).  I am sorry you are dealing with this and the delays.  I wish that the courts would “fast track” these cases somehow.  In my state, apparently they can take 18 months or more to resolve.

Posted by mamallama on Jan 31, 2013 at 2:41am

I’m in the middle of an appeal right now…it started in March 2012…was sent back to court for a new dispo hearing because there was not enough focus on the 1/2 sibling…then resent to the appeal court…the closed that one out and opened a new appeal but the website to follow here doesn’t have the new one online yet…and no one can give me ANY info :(

2nd kiddo is starting TPR process for 2nd time and then there will be an appeal on that also…so something to look forward too…or not wink

Posted by Fostermom22 on Jan 31, 2013 at 8:14am

I think that any birthparent with a decent lawyer files an appeal. It is almost routine. I would try to assure myself that the judge had reason to TPR and will not be swayed from it. I think that you are ok.

Posted by Aiken on Jan 31, 2013 at 8:52pm

My son’s bio mom appealed the TPR for his younger half-sisters in early 2011.  Their adoption was formalized in December 2011 without regard to the appeal.  The ruling on the appeal was made in early Fall 2012, which she did indeed lose.  I’m not sure if this is a common practice or not.  This was in Washington State, King County.  When bio mom was TPR’d for my son in 2012, she did not appeal.  Best wishes, hang in there.  It will all be worth it.

Posted by NoTheyAreNotTwins on Feb 01, 2013 at 1:38am

In Texas I believe mom can keep her court appointed attorney so an appeal costs her nothing.  We get court notification and attend every single hearing AND the CPS permanancy hearings so we are a known quantity to CASA, the state’s attorney, and the child’s attorney. It helps.
What VintageMom said we’ve found to be very true. In the end, birth moms want to be able to tell themselves that they didn’t lose their kids, the state took them away.
I can’t wait for for my adopted children’s birth mom to use that line on them when they look her up in a few decades…

Posted by hdctx on Feb 16, 2013 at 10:30am

I am just heading into this situation - the bio-family has just appealed TPR. A few of you mentioned a web-site to check on progress, can you provide info on the website address, or who runs it. Thanks.
(I am in California).

Posted by SD on Oct 28, 2013 at 9:55am

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