Going to Court

Appellate courts have used terms like “continuity of care,” “risks of transition,” and “significant attachment” when describing the importance of attachment and keeping children in bonded relationships. Here are nine recent appellate court decisions from across the country.

The Fostering Connections to Success and Increasing Adoptions Act (H.R. 6893/P.L. 110-351) will help hundreds of thousands of children and youth in foster care by promoting permanent families for them.

This new law makes changes and clarifications in a wide range of policies.

The courts which oversee the foster care system are overcrowded. To move a child from foster care to permanence within 12 months, court hearings are needed upon entering the foster care system and every three to six months thereafter.

The court-appointed special advocate (CASA) or guardian ad litem (GAL) is specially trained and has legal standing. Their job is to talk to all parties, especially the foster child, and make recommendations to the court.

Foster parents should prepare for court by reviewing the written material in their journal entries. The Daily Journal for Foster Parents (2011) contains a helpful quarterly summary outline of important issues.

A bonding study should stand alone and be requested because it makes a unique contribution.

Bonding is defined in ways that the attorney can use effectively in court.

Foster parents would be wise to hire an attorney as soon as they wish to adopt, before matters get set in cement.

The Crafts can pursue their wish to adopt Briana in court. While the termination and adoption may be disputed, bonding is on their side and will be a key issue in the court hearing.