Friday, May 31, 2013

What will happen next...

Ms. Colorado just called me. I have a little bit more of an idea of what is going on with our side of things.
  • She needed more information (SSN and driver's license stuff) so she can legally file our petition to intervene.
  • She spoke with the cherubs' Guardian Ad Litem. He is fully in favor of termination and adoption by us. He will say so in court when necessary.
  • It is imperative that the cherubs continue to tell their Attorney Ad Litem that they want to stay with us and not go to Grandma's.
  • Ms. Colorado spoke with the attorney for CPS. That person said something along the lines of, "Of course we're not looking in to termination. There is a grandma that wants the children." Ms. Colorado informed this attorney that they might want to look in to the "grandma situation" a little bit deeper. The lawyer for CPS said they would.
  • I let Ms. Colorado know that Grandma took the cherubs to see their uncle against court orders. I think that because the children are telling me this though it will hold very little, if any, weight in court. Because CPS is NOT checking in on Grandma, anything the children say will be blown off and Grandma will continue to look like a saint. CPS would have to get this information on their own...and obviously that isn't going to happen. Grandma will lie. CPS won't care. The cherubs will continue to be put in compromising situations every time they go to Dallas.
  • Ms. Colorado said that our case is much stronger with both bio parents being in jail still.
  • Ms. Colorado is going to file the petition to intervene next week. (Not this week like she originally told me...sigh.) From there we have to wait to see if anyone in the case right now objects to us joining the party.
  • If no one objects, Ms. Colorado will ask for a hearing in late June with the judge. I'll be perfectly honest, I'm not exactly sure the purpose of this hearing. I believe it is just a way to legally introduce us into the case. It won't change anything with the permanency goals or the placement of the cherubs.
  • If someone objects, we will have to have a hearing called so the judge can hear from us and our lawyer why we should be allowed to intervene. If at that time the judge doesn't allow us to intervene, we will back out completely. I honestly don't think it will come to this. After all, the judge all but told me to intervene back in January. All he has to do is remember that.
  • I told Ms. Colorado I don't want to bother her too much, but that I am on pins and needles waiting to hear what is going to happen next. Very calmly she told me that she'll let me know if anyone objects to our intervention. She'll let me know what I need to do next. Until then, I'm to just keep on taking care of the cherubs.
I'm a total nervous wreck now. My hands are shaking. My heart is racing.
-- Please pray that the lawyer for CPS is able to see the FULL picture of what life would be like for the cherubs in Dallas with Grandma. Please pray that the lawyer for CPS then acts accordingly.
-- Please pray that no one objects to our intervention.

8 comments:

MamaFoster said...

i am sure this is VERY stressful. even when nothing has happened yet, it just is so nerve racking. hang in there. cant wait to here.

Mie said...

You know we're still praying.

When waiting for court for one of my kids once I sat in a contested intervention hearing once. That was the craziest thing I've ever heard, seriously. The case was a suit affecting parental termination and the person intervening was claiming that the parents asked her to be the guardian for the children except what it was turning out as was a baby brokering deal. It was the craziest thing I'd ever heard.

r. said...

I'm a little confused by the timeline in all this. What's the deadline for the CPS case?

r. said...

For the uninitiated, the above comment was a reference to Texas Family Code Sec. 263.401-263.403.
http://www.tyla.org/tyla/assets/File/CPS%20Timeline%20Flyer%202012.pdf

I've been following for awhile, and I'm still kind of confused by how the case managed to go on for 2 years. I know that the dismissal deadlines don't apply if the parent can be convinced to "voluntarily" place the child in another's care (so the state doesn't have to file for TMC)--maybe that's what happened??

(P.S. I'm not suggesting that you should second-guess your lawyer or anything like that. She is obviously more experienced in this type of case and the practices in your county and she has the full picture of the facts involved. So I'm not saying anything's amiss. I'm just saying that there are other parts of Texas where things work differently and as a matter of professional curiosity I'm wondering how it has worked out this way.)

CherubMamma said...

Ya know @r. -- I'm not sure. The cherubs came in to Care on June 15, 2011. It's my understanding their permanency plan was to have taken effect by one year. They were given the 6 month extension. However, we are OVER that deadline.

It seems to me that everything is in our favor.
- The judge all but told us to intervene
- The guardian is in favor
- The therapist is in favor
- Grandma's home is not proven to be safe (time and time and time again)
- The cherubs want to stay with us
- CPS had not followed through with their legal timeline

Someone please correct me if I'm wrong. But it sure seems like this is black & white. CPS has screwed up! We have stepped in. Surely things should move in our favor quickly????

CherubMamma said...

Right now the State has PMC in the case. They were given PMC at the one-year mark. The State's plan is for Grandma N to get PMC under "relative conservatorship".

I WISH I knew why this has been allowed to drag on for so long. All I can think now is it drug on for everything to be in our favor I guess.

r. said...

I wouldn't put too much stock into my wondering how it could be going on this long. I didn't mean to worry you. Sometimes a statute that is interpreted one way in Austin is understood a very different way in another part of Texas. Or even just in another court. (Same goes for CPS from county to county.) It sounds like your lawyer has a lot of experience with this sort of thing, in your particular area.

mymcmlife.com said...

Praying for peace and favor! Also, judge totally trumps CPS so they can sit on a tack if they won't do their jobs.