Check out some similar questions!

sondi · Jul 13, 2013, 06:59 PM

My husband and I are foster parents in Ohio. And just this past week went to a PC hearing for our foster baby we have had since he was born.he is going on 11 monthand the mother has been in an out of the picture for some time.she is actually a meth addict who has lost custody of a previous child and has been missing off & on. This last time lasted for a hundred and six days straight with no contact or any type of an attempt to contact the agency about the child. So Children Services filed abandonment charges against her and with her history of showing a pattern we thought that the judge would rule immediately for. Though he was none too kind to her on the stand he decided to review the case and give his ruling at a later date I am hoping that it is just to make sure the laws are being applied properly and that he will not end up granting her a second chance. The mother has only actually visited 16 times out of 45 possible visits and what is actually when the child first came into care. Has there ever been an incident where a judge would not grant the abandonment.

sondi · Jul 13, 2013, 07:03 PM

Would a judge not uphold a child abandonment charge for any reason as long as it was being applied properly in Ohio state law

N0help4u · Jul 13, 2013, 07:07 PM

I am sure its just procedure.

cdad · Jul 14, 2013, 04:58 AM

What your not understanding in this is this is just one step to complete removal of parental rights. So all points must be considered and weighed very closely. So if the judge is making sure the I's are dotted and the T's are crossed it is part of the process.

ScottGem · Jul 14, 2013, 05:19 AM

First, I believe that you may be misunderstanding things. I doubt if abandonment charges were filed unless she left the child without any adult supervision. What probably was filed was a move to remove the child from her custody on the grounds of abandonment. A different matter.

And I agree, they are trying to terminate her rights but courts are very reluctant to do so. A thorough review would be called for.

sondi · Jul 14, 2013, 05:37 AM

Thank you ScottGem but the agency already has custody of the child. They took him at birth because the mother had an older child still in the system that had been taken for the same reasons. The older daughter actually turned her in for a meth lab on the home and that's when she was taken. They have been in able to locate mom for long periods through the past months they have had custody. They are absolutely wanting to terminate the mother's right's. She used to leave her 12 yr old at home alone for days on end when she would get high. I think the agency is concerned she may get on a binge and leave the infant home alone. So I am hoping the judge is just doing what cdad had posted previously and just reviewing to make sure there are no loopholes. It just threw me that he didn't rule from the bench. Thanks everyone for the feed back

sondi · Jul 14, 2013, 05:40 AM

She has been completely MIA for a total of 200 days with agency unable to locate her. The first time was 30 days then 63 days and this past was over 100 days before she showed back up. And in Ohio they have to be gone over 90 days before they can file for abandonment.

J_9 · Jul 14, 2013, 05:42 AM

Yes, the court is doing just what Cdad suggested. For her to get her child(ren) back there are many hoops she has to jump through. Apparently she has not jumped through all of them and most likely she won't. BUT, they have to give her a chance to try.

I have seen cases like this drag on for up to 2 years before rights were terminated and foster parents were allowed to adopt.

ScottGem · Jul 14, 2013, 05:43 AM

Custody and termination of rights are different things. So, again, it appears the court is just being thorough.

sondi · Jul 14, 2013, 05:53 AM

Yes J_9 she has not been working on the caseplan. She started and was suspended front he drug rehab program 3 times and was finally dismissed front the program all together. She has admitted using and was pulled over with a friend who had meth & pulls in the car but it was his car & he is in jail for it now. All she got was an open container for a beer she had. They did arrest on the day of court for pv. This is how she did the last child that aged out in the system in May. Visiting a few times in between long periods of absences with no real effort to complete the case plan.

sondi · Jul 14, 2013, 05:54 AM

Please excuse my spelling my phone has auto correct... lol

J_9 · Jul 14, 2013, 05:56 AM

Yes J_9 she has not been working on the caseplan. She started and was suspended front he drug rehab program 3 times and was finally dismissed front the program all together. She has admitted using and was pulled over with a friend who had meth & pulls in the car but it was his car & he is in jail for it now. All she got was an open container for a beer she had. They did arrest on the day of court for pv. This is how she did the last child that aged out in the system in May. Visiting a few times in between long periods of absences with no real effort to complete the case plan.

Yes, I understand that. However, they have to give her a good faith effort. It's not fair, and I understand that, but like I said, I've known this to take up to 2 years before this is all finalized.

sondi · Jul 14, 2013, 06:03 AM

Thank you then I don't understand why they even filed on the Ohio child abandonment law if they didn't feel that they has a strong case? Why wouldn't they have just waited another month or so and file on the 12 out of 22 month rule? I don't know I was just hoping this baby gets the protection that his sister didn't until she was old enough to report her self. He is just a baby no one will know if she leaves him alone for days he can't pick up the phone or even feed himself... I pray that God keeps him safe.

J_9 · Jul 14, 2013, 06:07 AM

With her history I am certain everything will work out for the best of the child. The court has to try to rehabilitate her though. They have to cross all t's and dot all I's. And this can be time consuming.

I don't see it working out for her though. Just be patient.

N0help4u · Jul 14, 2013, 06:13 AM

Yes procediera is as everyone says and even though it appears she is making no effort they still have to follow law.

J_9 · Jul 14, 2013, 06:15 AM

procediera

??

N0help4u · Jul 14, 2013, 06:38 AM

Procedures... on my cell phone, it auto 'corrects' to words that are not words when I hit submit Button. Saud can become daïs. But goes to bit.