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Becoming a Party to the Action


We have been foster a sibling set and are trying to seek TPR and Adoption.  We’ve had one 1 child for almost 15 months, 1 for 14 months, and the other for almost 8 months.  DSS is currently understaffed so we are trying to do an Action to Intervene to become a party to the action instead of just a party of interest.  Has anyone had any experience with this or know what the chances are that the judge will grant this?



Not sure how much info you can reveal but answers might be much more helpful with some geographical info. In the California county i am in, your chances would be slim.

Posted by Lucy2012 on Aug 22, 2017 at 3:38pm

we are in SC!

Posted by ccunningham on Aug 22, 2017 at 3:39pm

Chances are slim; judges assume foster parents seek TPR because they want the kids for themselves and don’t give much credence.

Posted by Maryam on Aug 22, 2017 at 5:14pm

I don’t think it’s allowed in our state as we had no rights pre-TPR in that regard. I consulted with a wonderful attorney specializing in adoption who was very kind but informed me of the laws. I called the Guardian ad Litem repeatedly and discussed our state laws regarding requirements and timelines with him. He had no idea who our kids were and then became interested when I started referencing statute.  He contacted to DA and poof we suddenly had a court date.  Same issue here with backlog and unfortunately the squeaky wheel gets the grease.

Posted by AttitudeOfGratitude on Aug 22, 2017 at 5:46pm

Thanks for the feedback! I know in our state, foster parents have the right to file for termination as well as the right to file to become a party to the action instead of just being a party of interest.  Just didn’t know if anyone has had any experience with intervening!  Also, the GAL, DSS, and FCRB are all on board.

Posted by ccunningham on Aug 22, 2017 at 6:47pm

Also not sure how much you can reveal, but is there a reason that you are not working toward reunification? When the children were placed with you were you told they were high risk?
Asking because if the state is not going for TPR, what were the expectations? On both sides?

Posted by Maryam on Aug 25, 2017 at 2:36am

In our situation reunification is definitely not best for the children.  Yes, when they were placed we knew they were high risk because rights had not been terminated.  There has always been a concurrent plan but now DSS is seeking TPR

Posted by ccunningham on Aug 25, 2017 at 4:00pm

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