Termination of parental rights and adoption where does the gal fit in
This presentation is the property of its rightful owner.
Sponsored Links
1 / 17

Termination of Parental Rights and Adoption: Where does the GAL fit in? PowerPoint PPT Presentation


  • 102 Views
  • Uploaded on
  • Presentation posted in: General

Termination of Parental Rights and Adoption: Where does the GAL fit in?. The most important steps to know in the TPR process and how the GAL plays a role. Termination of Parental Rights. An example?

Download Presentation

Termination of Parental Rights and Adoption: Where does the GAL fit in?

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Termination of parental rights and adoption where does the gal fit in

Termination of Parental Rights and Adoption: Where does the GAL fit in?

The most important steps to know in the TPR process and how the GAL plays a role


Termination of parental rights

Termination of Parental Rights

  • An example?

  • In order to be freed for adoption, a child’s legal relation to the biological parent must be severed


Tpr as the permanency plan

TPR as the Permanency Plan

  • About 32 % of our cases go through TPR

  • Usually not ordered when family members are placement

  • Most permanent plan

  • Takes the longest to achieve


Opening a tpr file

Opening a TPR File

  • New timeline starts- Ideal intervals, not always actual

  • DSS files a petition- what is alleged?

  • GAL has to be reappointed….new appointment order!

  • GAL served with petition for program and child

  • Date set for pre-trial


Timelines ja vs jt

Timelines: JA vs. JT

Petition

is

Filed

Non-secure hearings

Adjudication/Disposition

Permanency Planning

Review

Review

Review

Review

Review

JA

7

7

30

30

90

90

90

30

180

180

TPR Petition Filed

Pre-Trial Conference

TPR Hearing

(Days)

JT

30

60

(Days)


Pre trial hearings

Pre-Trial Hearings

  • Usually held well in advance of TPR

  • Address issues of jurisdiction and service- you will be served!

  • Appoint attorneys for parents

  • GAL is not required to be there, no report

  • Set a day for TPR hearing


Preparing for a tpr hearing

Preparing for a TPR Hearing

  • Interviews

    • Child

    • Foster parents

    • Observe visits

  • Therapist

    • The child’s understanding of adoption?

    • In the child’s best interest?

  • Child

    • Do they want to be adopted?

    • Do they understand what adoption means?

  • Report


Tpr hearing important to remember

TPR Hearing- Important to Remember

  • GAL needs to be at the hearing

  • GAL will likely testify

  • Court is only addressing one issue: TPR

  • Hearing could have several witnesses; be more than one day

  • Child may want to be present

  • Documents from professionals are important

  • Pictures are fine to present to court


Tpr hearing two parts

Circumstances That Are Grounds for Termination

Abandonment

Abuse/neglect likelihood

Mental illness or deficiency leading to incapacity

Failure of reasonable efforts

Loss of rights of another child

Failure to provide monetary support

Failure to establish paternity

Child in care 12 of 22 months

Felony assault of child or siblingMurder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Felony conviction/incarceration

Sexual abuse

Failure to maintain contact

TPR Hearing: Two Parts

  • Part One- Grounds for Termination


Tpr hearings two parts

TPR Hearings: Two Parts

  • Part Two- Best Interest of the Child

    • Child’s Wishes!

    • Age of the child

    • Likelihood of adoption

    • TPR will assist the permanent plan because

    • The bond between the child and the parent can be characterized as follows

    • The bond between the child and the current caretaker can be characterized as follows

    • Other relevant considerations


Termination of parental rights and adoption where does the gal fit in

In The Matter Of: DOB: File Number:

Child’s Name Birth date Juv. File #

Guardian: Your name Attorney Advocate: Laura Bodenheimer

Court Date

Brief Summary of Case Status:

Persons interviewed and dates:

Current Concerns:

Child’s Wishes:

Considerations for the Court in Determining Whether Termination is in the Child’s Best Interest:

Age of the child:

Likelihood of adoption:

TPR will assist the permanent plan because:

The bond between the child and the parent can be characterized as follows:

The bond between the child and the current caretaker can be characterized as follows:.

Other relevant considerations include:

Recommendations to Protect and Promote the Best Interest of the Child:.

Respectfully Submitted,

Your Name

Guardian ad Litem

GAL Supervisor

Supervisor Title


The appeal process

The Appeal Process

  • Parents have a limited time to appeal- 30 days

  • Appeals process has 180 day timeline

  • Can potentially be appealed to the NC Supreme Court


Post tpr what happens now

Post-TPR: What Happens Now?

  • Recruit for adoptive family if needed

  • Adoption Committee

    • DSS; GAL

  • Post-TPR Reviews

  • Paperwork

    • We’ll get notice of filing and approval

  • Clerk of Court approves adoptions

    • Keep in touch with SW or adoptive family!


Important for the gal to consider

Important for the GAL to Consider

  • Child’s approval

  • TPR into legal limbo

  • Siblings/relative relationships

  • Foster parents’ abilities


What ifs

What Ifs….

  • The child says….

    • Do I have to change my name?

    • I don’t want to be adopted

    • Will I ever see my mom again?

    • Will I ever see my grandparents again?

  • The foster parents say…

    • Am I going to get money when I adopt?

    • I don’t really think we can adopt her

    • What if this doesn’t work out when she’s older?

    • Should we keep in contact with the birth parents?


Wrap up

Wrap Up

  • Make sure you understand the TPR process

  • Make sure the child understands

  • Consider other permanency options

  • Consider all information before recommendation of change in plan

  • Help others understand the process


Questions and comments

Questions and Comments


  • Login