What process is taken in the USA for children to be reunited with their biological parents...?

MamaKate

As Sly said, there are many different ways things are handled depending on where a child is in custody. Different places have different rules so it is hard to give an accurate general answer.

I can tell you how it works where I live though:

When a child is taken into custody here, it is usually due to gross neglect or abuse that required immediate removal of the child from the home. An emergency (ex parte) order is granted by a Judge to allow this to happen. (Ex parte orders can be gotten in minutes when necessary) there is a required temporary custody hearing within 3 to 7 days. At that time, a Judge determines whether or not the child was properly removed and if they should remain in the custody of the state and a date is set within 30 days for an adjudication hearing. In the interim, the social worker, GAL/CASA (if one has been assigned) and the parents meet to discuss a case plan.

The case plan includes all the things that the parents are requested to complete before the child can be returned. The case plan can include but is not limited to: parenting classes, drug/alcohol counseling and/or testing, individual and/or family therapy, anger management classes, maintaining or avoiding certain relationships, addressing housing or other necessities that are lacking for proper care, etc. The case plan includes when, where and who is responsible for assisting the parents in completing the case plan (IE, this can include extended family, clergy, therapists, etc.) and what the department of social services is responsible for. The case plan also states visitation and support requirements. It also includes statements of co-operation, time schedule and other relevant notes.

At the adjudication hearing, evidence of the reason for the child's removal is presented and the parent(s) and/or their attorney are allowed to present their side. The Judge determines whether the information is factual and make a determination as to the status of the case. If the parents are found not at fault or the situation can be handled better in an in-home case plan, the child will be returned and if there are issues the family will remain as an "in-home service case". If the case IS adjudicated and the Judge confirms that the child is to remain in the custody of DSS, the Judge will immediately review the case plan. All interested parties (parents, CPS, CASA/GAL, etc.) have the opportunity to express concerns and ask for modifications. The Judge will either confirm it as is or make changes deemed by the court to be necessary.

Court dates for review are mandatory every 90 days but hearings may be granted if there is reason to hear the case sooner. At these reviews, progress is checked for both the parents and the child and any necessary adjustments to the case plan or visitation are made. For example, if a parent is doing well with their case plan, a Judge may change weekend day visits to overnight weekend visits.

NC statutes require that parents are given at least one year (from adjudication) to complete the case plan. After a year, TPR is possible if the parent has not shown significant improvement. Most TPRs here are at about 16 months of out of home care. Judges are allowed ddiscretionto give parents who need extra time to complete the plan and are close to reunion if they feel it is in the best interest of the child.

If a parent has or will be completing a case plan, the child is returned to the home using a graduated visitation process. The family usually remains under DSS supervision for a minimum of 3 months. If at three months, all is well, the case is closed and DSS and the GAL/CASA are relieved of their duty to the family. If further in home services are needed, they are addressed and an extension of the case is made - there is no limit to the amount of time a family can receive in-home services. If there is cause to remove the child again, the case will be re-opened and considered in the new case plan.

Like I said, this is just in MY area and it is a very non-detailed description of what happens. There are lots of other things that go on, but you get the gist. Hope this helps you understand better! :)

Sly

In the US, there are too many variable to make a blanket statement. The laws and guidelines change from state to state, and the interpretation varies from judge to judge and social worker to social worker. There are no hard and fast set in concrete rules. All interpretations....suffice it to say, however, if you are poor, guard your children well!

kitta

States get bonus money from the federal government for placing kids out of foster care, into adoptive homes. If the first adoption fails, and the child is returned, and they place the child again, they get another bonus.

natch, the state luvs the bonus money. Dollars for kidz.

onceanun62

In the U.S., once taken away and placed into foster care, all states have some set guidelines as to how long a parent/the parents have to get their parenting skills shored up and eventually get their child/children back. A time limit. It is different with every U.S. state.

In the U.S., unfortunately, once a child is legally freed up for adoption, it is a hit or miss proposition if the child will ever be reunited with their biological parents. At least until the child is 18. Reunification is not a federal effort and has no guidelines. Reunification is entirely up to the state that the child was adopted out of. (Many states still have closed adoption records)

If a child is placed into foster care and NOT legally freed up for adoption, it will depend on many factors if reunificated is allowed. The child protective agency may be stupid and not allow it for any reason. The child, if he/she is over the age of 13 may not want it. The state that the child is in may have strict guidelines as to when unification is allowed and when it is not-even if the child/social workers/biological parents are all in agreement that it's a good thing.

Good luck with whatever the reason was you wanted to know.

mom of many

there is a certain amount of time a parent has to correct the situation that caused their child(ren) to have been placed in foster care. The national average in the states is 15 months. The parents are given a list or guidelines of things to do or change before reunification can happen. when getting close to that 15 month mark and the parents have not accomplished much or any of it then termination of parental rights enters the picture and the child becomes available to adopt. The list sometimes includes having a job, place to live, alcohol or drug counseling, parenting classes, perhaps not associating with certain people. depending on the case their could be any number of things to do. This is all info we received from a lawyer and our cps worker regarding the foster kids we have.EDIT: good answers too MamaKate

bjrodgerz

In our state two of the guideline's are the parent doesn't support the child for 3 months are voluntarily doesn't visit them. However with my child they tried giving them specific lines such as random drug test, parenting classes, learning about the therapeutic care the child needed, the father was to complete an anger management course. Not only did they refuse to support her and only saw her sporadically but they reused the other things also for SIX years and the child finally requested to be adopted.

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