Reunification means they are not going to take away custody, but work towards putting the child back into the bios home. Usually it involves the bios doing things like taking classes on raising children and life skills, maybe some job training, making sure the housing is adequate, finding steady employment, and if they have an addiction, going through treatment.

The longest the courts are supposed to keep a child out of the home before establishing some form of permanency, whether it be in the form of guardianship or the parents getting the children back, is 15 months, I believe. That is a federal regulation (suggestion). Funding, etc, revolves around the states adhering to these suggestions.

So, basically that means bios have 15 months to prove to the courts that they have thier act together enough to raise a child, or to prove that they are headed STRONGLY in that direction, or for them to make up their minds that they don't want the child back, or for the courts to determine the child is not and probably will not be in a safe environment with the parents. Remember, the 15 month figure is the LONGEST, the courts can make determinations anywhere in between. They might have, for example, quarterly reviews.

Sooooo....... your waiting time begins. This was the longest and hardest stretch for me, at least up until now. Not knowing what was going to happen from one month to the next.

Do you have temporary guardianship? You should attempt to get it. It helps, legally.

Hope this explanation helps a little bit. God bless and know that many of us have gone through this and we will be there for you! :)

I used a bit of incorrect terminology in the first sentence - I apologize. Placement is put outside the home, but legal custody usually remains with the parents. If you can gain temporary guardianship, you will be able to make all legal decisions for the child during this time, rather than having bios involved in every decision - like school decisions, out-of-state vacations, whatever. It's just a whole bunch easier. I hope that clarifies my answer a little more.

Thanks for the info. I'm still messed up on this. GS /GD came to me via CPS right after the birth of GS. (Meth and Weed) I have all rights for medical and school but never went to court for gaurdianship like I did for my oldest GD. Daughter has not been postitive for Meth since March and Weed since July. She has had the same home and job for 3 years. Parent Aide and other agents have written reports that her parenting skills are above average. Daughter is waiting to be placed in preventive program for her weed use as they feel the meth is not an issue. When did the 15 mths go into effect, the day they were brought into my home or starting at this court date tomorrow? I feel good about the kids reuniting with my daughter, she has been paying rent at her place, but staying here with her kids since day one.

I think you'd probably be better off asking your cw about the reunification plans. They have to have some sort of written plan for it. I THINK the 15 months starts with the first court date, but I'm not sure about that part. Sorry.

For us, we received our GS when he was 2 1/2 mths old through CPS then it took 3 1/2 months later they set a 6 mth time line for the bio's to conform to reunification or loose their services for reunification. The reason it is for 6mths is because my GS is a baby. I was told the time is 6mths for babies because they want Permanency in the baby's life.

My GS's Bio Mom & Dad both have drugs, alcohol and mental illness issues Plus, the big thing is physical abuse between them both. My son (bio dad) had to go to Anger Manangement classes and they both had a knock down fight while my son was holding my gs @ 1 1/2 months old. I also have a letter that the bio mother wrote stating that she love to get beat (sick, right?) so if the court tries to give them reunification I will find the witness's and show the letter. Well, the bio mom as of last month told me that she knows that she can't care for my gs. However; my son is the one who can't give him up even thou he has physical, alcohol and mental health issues. Plus, it doesn't help that his lawyer tells him he can get custody of my gs...but what I keep telling him is that he has to conform to what the judge wants,

We will pray for you and your family,

Judi

Something just hit me in your post, nutsandbolts - why do they not think that the methamphetamine abuse is an issue? It is the most widely abused drug on the market, I believe. I'm curious as to why they would dismiss it? Lots of parents smoke marij. Just like lots of parents drink. It's when these things interfere with their parenting and make an unsafe environment for the child that the state has issues. For example: inadequate care, disgusting living conditions, poor nutrition, being left alone. Things like this. These are the issues that will need to be resolved before reunification can take place. Again, there should be a written reunification plan that states all of the steps the parent has to do to be reunified. It's different in every case, but usually there are minimum standards. I don't live in your state, so I can't address what hers might look like specifically. You should be able to get a copy of it, I would think.

Gs was born positive for meth and weed. The case worker and taros have stated meth is not an issue any longer since daughter has no positive test since march. However they agree with daughtet her drug of choice is weed but has negative ua since july. The obvious reason cps is imvolved is tje positive drug test at birth. I would dare to say my daughter was a functional drug user, as she has had the same job and house for over three years, also I didnt know and niether did a lot of friends and family members. Daughter called the meth her dirty little secreat. Weed is not legal here in az and the courts are treating her weed use the same as anu other drug.

OK, thanks for explaining, nutsandbolts. I'm glad she's doing so well. Quitting is very hard. I hope she is able to stick with it! It's probably helped a lot that she is willing to live with you. I would guess one of the things the courts will look at is if she maintains the status out on her own. Will be praying for you all!

This is lengthy; but may answer some questions for you. Taken from the US Dept of Human Services website.


SEC. 103. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.

(a) Requirement for Proceedings.--Section 475(5) of the Social Security Act (42 U.S.C. 675(5)) is amended--

(1) by striking "and" at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting "; and"; and (3) by adding at the end the following:

"(E) in the case of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has determined a child to be an abandoned infant (as defined under State law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the State shall file a petition to terminate the parental rights of the child's parents (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless--

"(i) at the option of the State, the child is being cared for by a relative; "(ii) a State agency has documented in the case plan (which shall be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the child; or "(iii) the State has not provided to the family of the child, consistent with the time period in the State case plan, such services as the State deems necessary for the safe return of the child to the child's home, if reasonable efforts of the type described in section 471(a)(15)(B)(ii) are required to be made with respect to the child.".

(b) Determination of Beginning of Foster Care.--Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as amended by subsection (a), is amended--

(1) by striking "and" at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting "; and"; and (3) by adding at the end the following:

"(F) a child shall be considered to have entered foster care on the earlier of--

"(i) the date of the first judicial finding that the child has been subjected to child abuse or neglect; or "(ii) the date that is 60 days after the date on which the child is removed from the home.".

42 USC 675 note.

(c) Transition Rules.--

(1) New foster children.--In the case of a child who enters foster care (within the meaning of section 475(5)(F) of the Social Security Act) under the responsibility of a State after the date of the enactment of this Act--

(A) if the State comes into compliance with the amendments made by subsection (a) of this section before the child has been in such foster care for 15 of the most recent 22 months, the State shall comply with section 475(5)(E) of the Social Security Act with respect to the child when the child has been in such foster care for 15 of the most recent 22 months; and (B) if the State comes into such compliance after the child has been in such foster care for 15 of the most recent 22 months, the State shall comply with such section 475(5)(E) with respect to the child not later than 3 months after the end of the first regular session of the State legislature that begins after such date of enactment.

(2) Current foster children.--In the case of children in foster care under the responsibility of the State on the date of the enactment of this Act, the State shall--

(A) not later than 6 months after the end of the first regular session of the State legislature that begins after such date of enactment, comply with section 475(5)(E) of the Social Security Act with respect to not less than \1/3\ of such children as the State shall select, giving priority to children for whom the permanency plan (within the meaning of part E of title IV of the Social Security Act) is adoption and children who have been in foster care for the greatest length of time; (B) not later than 12 months after the end of such first regular session, comply with such section 475(5)(E) with respect to not less than \2/3\ of such children as the State shall select; and (C) not later than 18 months after the end of such first regular session, comply with such section 475(5)(E) with respect to all of such children.

(3) Treatment of 2-year legislative sessions.--For purposes of this subsection, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. (4) Requirements treated as state plan requirements.--For purposes of part E of title IV of the Social Security Act, the requirements of this subsection shall be treated as State plan requirements imposed by section 471(a) of such Act.

42 USC 675 note.

(d) Rule of Construction.--Nothing in this section or in part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.), as amended by this Act, shall be construed as precluding State courts or State agencies from initiating the termination of parental rights for reasons other than, or for timelines earlier than, those specified in part E of title IV of such Act, when such actions are determined to be in the best interests of the child, including cases where the child has experienced multiple foster care placements of varying durations.

There is a significant exception to the 15 out of 22 rule when a relative is caring for the child. I believe this is what keeps some of us waiting much longer for a permancy plan. See last sentence of (E) and reading into next paragraph (i). I've had my GS for 19 months now and the courts continue giving bios time to work on their service plans. Granted, my son has made significant progress, but still doesn't have full time employment, housing, or a vehicle. Mom is still using after all of the service have been offered and provided.

Thank you Gma, after todays court, this information is good to have.