Thursday, January 21, 2010

now for what you all really want to hear about....court!

today was court. i could hardly think straight all day. i was shaking. i couldn't eat lunch. i couldn't even finish my cup of morning coffee. let me tell you...it was a BIG day. we got to court with plenty of time. sat in the car and tried to eat lunch. we both got literally 2 bites into our sandwiches and just put them in the trunk for later. we got in there, checked the docket. i looked in the courtroom to see if it looked like an interesting case...seriously....i could spend every thursday afternoon in family court-it's so interesting i have a hard time leaving when my hearings are done. but i noticed it was our case worker. and our GAL. and our BIRTH PARENTS!!! so we rushed inside and sat down and started listening. my hands were shaking so bad i couldn't take notes so i handed the pen and paper to paul and had him try. but then they kept saying stuff and he wasn't writing! so i'd smack his leg and repeat what they said. finally i decided it would be better to have more shaky notes than a few legible notes! so i grabbed the paper back and started writing. they kept debating what our birth mom could understand and what she couldn't. and what services was she utilizing and what she wasn't. back and forth, back and forth. the GAL for sweet's would talk. then the attorney for the parents would talk. then the case worker would rebuttle. then the GAL for the mom would talk. back and forth, back and forth. they weren't sure what she was understanding. then they weren't sure if she could make decisions. finally in one foul swoop it was decided that not only did she understand, comprehend and make decisions just fine but that she wasn't utilizing any of the services she should. the judge said to her "you can't walk away from help and then come to court and tell me you're not getting help. whether you like it or not you need to try." then more court jargon and she said "the court enters the plan of adoption." i was writing so furiously i saw it in writing before my ears could comprehend what i had just heard! but then it felt like "so wait...are they ordering more tests? or is sweet pea going for adoption?" after everyone cleared the room i waited for our case worker to come and talk to us but she went right back in and sat down for her next case. i went over and whispered..."can you explain what just happened to us?" she giggled and came out to the courtroom foyer with us and told us what all this means. now this goes to the judges to set a trial date. our next review date is for sweet pea. it will basically go over everything that has happened for her, much like we do for the parents in the past court hearings. that will be in april. she expects that termination will happen between now and then. so, i think that means that the trial will happen between now and april. but i'm not totally clear on that because i've also been told that can take 2 to 3 months...which adds up since april is 3 months out. in trial it could be ruled that they have done everything they need to do, or that not enough services have been put into place to help, and sweet pea could go back. it's not likely, but it's possible. after that trial AND parental rights are terminated OR the parents relinquish with out a trial the paperwork will begin for us to adopt sweet pea. but until that happens there are literally thousands of details that could interrupt it. another family member could step in and do a home study and be able to adopt her instead of us. and because we are not biologically related, they get first dibs. that's my biggest, and really, only concern. however, i also know the county does one home study at a time. and until the first home study is done, they can't move on to the second or third person that steps forward. we are still waiting for the first person to make some progress on their home study.
next. peanut. i found out today that she is due 3 weeks earlier than anyone had planned. andi found out a notarized plan has to be in writing for it to be "a plan". and that's not happened. i'm not sure if there is time for that TO happen but until peanut is out we wait. and prepare. and that's ALL i know about peanut.

1 comment:

Kindness Seeker said...

Oh wow - praying so hard for all of the details to be worked out!!!!