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when parental rights are terminated can their child ask to go back and live with them before they are 18?
11-09-2012, 08:27 PM
Post: #1
when parental rights are terminated can their child ask to go back and live with them before they are 18?
A friend of mine had 2 children, her parental rights had been terminated 10 years ago. The boys are now 12 and 13. They are in foster care and hate it. They have located their mother through facebook. They want to go back and live with her. Do they have that right?

Side note: They all live in Canada.

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11-09-2012, 08:35 PM
Post: #2
 
No way. She has no right to the children. They were removed for a reason. She can't have them. They wouldn't be placed with her even if the kids want to go back. She should have tried harder to get them back 10 years ago.

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11-09-2012, 08:35 PM
Post: #3
 
No her rights have been severed, she is no longer their legal mother.

Whatever she did or didn't do to lose parental rights to her kids is permanent.
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11-09-2012, 08:35 PM
Post: #4
 
No! Once parental rights have been removed there is no going back. The boys can not live with her until the reach 18yrs old.
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11-09-2012, 08:35 PM
Post: #5
 
No. Once parental rights are terminated, the state determines where they will be.

Once they are 18, then they can go back. Heck, they can even have her adopt them as adults although I don't know the rules in Canada.
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11-09-2012, 08:35 PM
Post: #6
 
No, I'm sorry, they can't go back. They are wards of the state now, and they must live wherever the state tells them to live.
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11-09-2012, 08:35 PM
Post: #7
 
No they can not go back to her.The court terminated her rights and they going back there will only get her in more trouble rather she realizes it or not. The foster parent is Required to notify CPS and the police Immediately if the kids leave her home Or she is in trouble also. No they do NOT have that right.
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11-09-2012, 08:35 PM
Post: #8
 
Nope, sorry.

If the kids hate their foster parents/guardians then they need to call social services.
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11-09-2012, 08:35 PM
Post: #9
 
There are some areas in the US and in Canada that are beginning to become more open-minded surrounding what constitutes "best interest of the child". Not only is DSS charged with safety decisions, but also well-being and permanency. To receive children into care at age 2 & 3 yrs old, at some yrs later to TPR, the charge for DSS became the well-being and permanency part. No doubt this plan was adoption. As these kids are now 12 and 13, all attempts thus far for permanency have fallen WAY short of the mark. What "chance" do these kids have of adoption now? So, while these kids do not have the "right" to make this decision - it is something that they should have the "right" to have explored. What is mom's "state" now, does mom have any family that do not have previous CPS, criminal, etc backgrounds? Sometimes, hard to place or adopt kids are the ones suffering from family separation more than others. Connecting them with family (does not have to mean living with them) can bring a stability into their lives. Continuing to do what has not worked, will have the same results. People do change, circumstances change. The mom neglected or abused the kids for - maybe 2 -3 years (and, I'm not dismissing this), but these kids have now been, at least, neglected since the TPR was finalized. If the mom wants to become involved - she should offer and try.
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