When do parental rights get taken away?

One of my sisters has had her children taken away twice; they are now in the care of another family member who has decided to foster all five of them.

The cause for the kids’ removal differs from the last time. I will offer any necessary details.

The gist is that the children were abused, malnourished, maybe SA, and homeless.

The parents were recently asked to undergo another drug test (they failed the first), but they have been disregarding all requests. They had previously missed two visits prior to the drug test request and have not returned since. They have also not shown at any of the children’s court sessions.

Is there a time limit after which they may lose parental rights if they do not respond? My family members tell me that they still talk to the parents about wanting the kids back, but they don’t seem to be doing anything to get them back.

I’m just interested what your expectations should be in the coming months/years if the parents continue to ignore court, drug tests, and visitations.

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Unless the parents gave up their rights sooner, it would probably take at least six to nine months for their rights to be terminated. Yes, the parents will undoubtedly lose their rights if they ignore CPS for a long enough period.

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Based on my research, parental rights can be terminated either voluntarily or involuntarily in certain circumstances. Involuntary termination typically occurs when a parent is deemed unfit to care for the child, such as in cases of severe abuse, neglect, abandonment, long-term mental illness or substance abuse, or conviction of a serious crime. The court will only terminate parental rights if it is determined to be in the best interest of the child. Voluntary termination may happen when a parent recognizes they cannot properly care for the child and willingly gives up their rights, often to facilitate the child’s adoption by another family. However, this is an extremely serious decision, as once parental rights are terminated, it is very difficult to get them reinstated, even if the parent’s situation improves. Overall, the termination of parental rights, whether voluntary or court-ordered, is a last resort when the child’s wellbeing is at serious risk.

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It really depends on the state you’re in. In my area, Termination of Parental Rights (TPR) proceedings can drag on indefinitely. We’re required to continually make reasonable efforts and offer services to parents until a decision is made. Non-compliance from parents can streamline the process, but unfortunately, that’s not always the situation.

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It truly varies based on the agency, personnel, and judge handling the cases. We’ve fostered and adopted three children. The first child entered foster care at 6 months, joined our family at 10 months, and the adoption was finalized by 26 months. For the second adoption, the children entered care at 1.5 years and as a newborn. They returned home briefly but came back into care due to parental drug use. We welcomed them into our home at 9 months and 2 years old, and the adoption was completed when the youngest turned 3.

It varies greatly from state to state and even Judge to Judge. Some are much quicker to grow tired of the shit and pull the plug on the parents others will give them far too many chances.

I am currently located in California. It can be frustrating to see the lack of action from the parents and their refusal to take drug tests. However, I remain hopeful that the courts will expedite the process. However, in reality, I am aware that it can actually take a significant amount of time.