A few months ago, we all went to court. Would the judge send our 11-year-old foster daughter Joyful and 9-year-old foster son Watchful back to live with their dad? Or would the judge decide that the kids should be adopted by a non-relative?
The judge opened up the hearing, stating that he had read five very interesting reports. One from the Department of Family Services. One from the Court Appointed Special Advocate (CASA). Another from the Guardian Ad Litem (GAL) – the children’s lawyer. And one each from mom’s lawyer and dad’s lawyer. Each presented a different perspective.
In our county, usually the CASA and GAL are in agreement with Family Services. But this time, Family Services was petitioning to return the kids, while the CASA and GAL raised major concerns with reunifying the family.
From Family Service’s perspective, dad has participated in all court-order services and was not the abusive parent. The CASA and GAL agree with those facts, but add more. Dad was still blaming the kids for the abuse and denying the severity of the abuse’s impact. They also noted that dad complied with all services last time the kids were in foster care, kids were sent home, and then dad let the kids be abused by their mom for another two years.
The judge gave dad another five months to get things together. But he also added another permanency goal for the children. Now the primary goal is return home, and the concurrent goal is adoption.
The GAL thinks that it will be very difficult to get the family to where they need to be three months from now in order for the judge to rule a return home. Essentially, the kids need to be living at home on a trial basis or nearly to that point. Currently, they visit for several hours a week under the supervision of a therapist. She also thinks that if the judge rules that the final decision is adoption, that dad will likely appeal. If dad appeals, it will be another 6-18 months for the appeals process.
And this is how kids can end up in foster care for years.