Wednesday, October 22, 2014

The Struggle Continues

It's been awhile since I've given the legal update on the case mainly because there hadn't been much movement until recently. About a month ago the case plan changed from reunification to severance. What that means is CPS has acknowledged they have tried to work towards family reunification but it no longer seems possible so in the best interest of the children they'd like to sever the birth parents rights and find a permanent home for the children. 

The process to terminate birth parents rights can take 6-8ish months. Here's how it works: A month ago, the judge acknowledged the change in the case plan. After that the birth parents lawyers serve the birth parents with the notice to sever rights. A week ago the birth parents had court where they were able to state if they agree or contest the severance. Our birth parents contested. In early November we have a review hearing. Then the case will go through 2-3 days of trial where they will call the parent aides, CPS worker, GAL, doctors, daycare workers, etc. to the stand if needed. After that, the judge has a specific number of days to make a decision. And just like all other cases in our judicial system, the birth parents can appeal that decision. So then it'll go through the appeals process. After that, the decision is final. It is very frustrating that after a year, we still have another 6+ months to go but at the same time I need to count the positives and although we still have awhile, this is the very first positive for us since this case has started. Please keep our children in your thoughts and prayers that the best outcome for them is chosen.

It's hard not to get frustrated at the system but I always have to step back and think about it from the judge's point of view. The judge only hears this case every 60ish days and then she only hears what the lawyers tell her which is about 15% of what is actually going on. Then she has to dig through all the nonsense of the lawyers to figure out the accurate details. Based on that data, she has to make a decision that will affect these children's lives forever. My dad read an article that compared severing a birth parents rights to the death penalty due to the permanent nature of the decision. Once parental rights are severed, that's it. That parent can never be involved with their child again unless a foster or adoptive parent chooses to keep them involved. It's final, the end of that family. If I was the judge, I'd want to be 110% positive I was making the right decision. But that's hard to see from my side sometimes because from my view of the world, the kids are already home.

Supervised visits with the birth parents will continue up until the severance. It does not matter what the parents are doing on their visits, they will always legally have the right to see their children as long as their parental rights are in tact. Our visits are twice a week and have been going okay. The kids eat extremely unhealthy and come home starving but overall, they are okay. Recently our case received a new parent aide, the person who supervises the visit. I was less than thrilled to get a new one because our last 2 had been incompetent. This one however is amazing! She considers our schedule, tells us that the kids ate "snacks" for dinner and will need to be fed before bed, and just overall is in her job for the right reasons. I should find out who her boss is and give her a compliment because she makes the visits a little less painful for us. 

Tonight was the first visit at 5pm - 7pm. the kids typically go to bed at 7:30 so a visit that ends at 7 means they don't get home until almost 8. We were not thrilled but to accommodate birth dad's work schedule, they asked we try to make this work. (Don't ask why the kids schedule isn't taken into consideration.....I get blank stares when I ask that.) So onto tonight's visit, I knew it was going to be rough so I decided to take advantage of the fact that I didn't have to pick them up at daycare and left work early to go hiking. I figured it would help relax me and put me in the right mood for dealing with cranky kids. I was right, the hike was amazing, the view of Phoenix was amazing, the sunset was beautiful - I came home in a great mood. The kids came home, as expected, hungry, tired, and cranky. According to our spectacular parent aide, the kids ate teddy graham's and french fries for dinner and lucky them, they got to wash it down with soda. Apparently the parent aide suggested water or milk numerous times but the birth parents insisted on soda. We all know that 13 month old's need soda to survive. On top of it all, she gave them hair cuts. Yes, I know I was complaining that they needed haircuts and I was mad I couldn't be trusted to get them done but I was surprisingly very emotional that it had finally happened. I kept myself composed around the parent aide and composed while I fed the children chicken, rice, and applesauce but after they went to bed (45 minutes past bedtime), I lost it. In my head, these are MY children. I raised them. I am the one who loses sleep when they wake up at 3am. I am the one who takes off work to hold them while they are sick. I am the one who chases them around the house on hands and knees saying "I'm going to get you". I am the one trying to feed them healthy food, teach them lessons and help them become awesome, self sufficient little people. But I didn't get to take them for their first haircut. I know it's such a silly thing and I know I didn't want a lock of their hair but somehow I'm devastated that I missed out on their first haircut. These are the things I never thought about when we decided to be foster parents and these are the things I never thought would crush me but tonight I am hurting. 

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