What Happens After TPR Is Filed: The Breakdown

You may be wondering: what happens after TPR is filed?

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Quick Facts

• Termination of Parental Rights has several stages: initial court review, preliminary hearings, and the appointment of a Guardian ad Litem (GAL) to represent the child’s best interest.
• The judge’s decision at the TPR hearing is based on evidence and testimony, prioritizing child welfare, parental rehabilitation efforts, and may result in immediate termination of parental rights.
• Post-judgment actions determine the child's living situation, including the possibility of adoption or additional requirements for biological parents if rights are not terminated.

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Initial Court Review

After TPR is filed, the initial court review is the first significant milestone. A judge will verify the parent received the legal documents, including notice of the hearing. If the parent was not properly served, the hearing can be continued until proper service is confirmed. The petitioner must bring proof of service to avoid the hearing being canceled.

The judge can immediately terminate parental rights if enough support is found. But if parental rights are contested, a trial will be set to hear more facts. This sets the tone for the TPR process, ensuring all legal requirements are met before moving forward.

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Preliminary Hearing

The preliminary hearing is a critical part of the TPR process, as it is the gatekeeper to determining if the case has enough merit to move forward. The judge will hear initial arguments and evidence to see if there is sufficient grounds for the termination of parental rights. Both sides will present their case, and offer the judge the chance to comprehensively understand the situation and circumstances.

The judge will then determine if the proof is strong enough to warrant moving forward with the TPR process. This ensures that only cases with substantial amounts of testimony continue to trial, to protect the interests of all parties involved.

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Guardian ad Litem

In many states, a Guardian ad Litem is appointed to represent the child’s best interest in TPR cases. The GAL will investigate the case, interview parties involved, and display their findings to the court. This role makes sure the child’s needs and wishes are represented throughout the TPR process.

The judge will strongly consider the GAL’s recommendations, as they do a thorough investigation and provide an unbiased view to the court. Their presence makes sure the child’s welfare is top priority and a voice for those who might not have one.

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Pre-Trial Conferences

Pre-trial conferences get all parties in a TPR case on the same page. These conferences will review the case status and set future court dates so everyone is aware of what is happening and where the case is headed. It is a time for attorneys, social workers, and family members to get together and discuss what comes next.

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TPR Hearing and Trial

On the court date, the parent and the agency will both show evidence to support their side. The judge will determine if the agency has met its burden of proof, hear witness testimony, and examine the evidence. TPR hearings and trials can be long, spanning weeks or months, with numerous witnesses testifying. Parents in TPR trials have the right to legal representation, and the child also typically has a lawyer representing them. This ensures all parties have a fair opportunity to express their case and the child’s best interest is represented throughout the process.

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Judge’s Decision

The judge’s decision at the TPR trial summarizes all the evidence and testimony. As previously emphasized, child welfare is the top priority when terminating parental rights, so the judge will consider many factors, including the parent’s progress in reunification, evidence of rehabilitation, and the child’s wishes.

If the court determines the agency has proven its case, the judge can terminate parental rights immediately or give the parent more time to comply before making a final decision through imposing conditions for potential reunification or setting a court date for future hearings. With this, it is important to keep in mind that each decision is case-specific and personalized to the specific circumstances at play.

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Post-Judgment & the Appeals Process

Post-judgment actions will determine the child’s future living situation and stability. After a TPR hearing and ruling, the next steps will depend on whether parental rights are terminated. If the court finds termination to be suitable, the child may begin their journey through the adoption process. This is a completely new chapter for the child, and necessitates detailed planning measures and coordination between social services and families.

If parental rights are not terminated, the court may impose additional requirements on the parents. These requirements will ensure the child’s safety and well-being, give the specific goals at hand for potential reunification.

The appeals process is a part of the TPR journey where a child's parents can challenge the court’s decision, functioning as the final opportunity to petition for their parental rights. An appeal must be filed within 30 days of the termination, which generally involves several steps: filing a notice of appeal, preparing the appellate record, and presenting arguments to an appellate court.

Success of an appeal will depend on the strength of information presented at the original trial and the grounds for the appeal. An appeal can result in reversal, affirmation, or remand of the lower court’s decision as the court sees fit.

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Custody and Adoption if Parental Rights Terminated

Once parental rights are terminated, the adoption process starts. The court may require a home study on prospective adoptive parents before finalizing the adoption in order to ensure the child is placed in a safe and stable environment.

If the parents do not appeal the TPR decision, social services or any previous foster parent can move forward with adoption without interference. If an appeal is filed, the adoption process will be put on hold until it is resolved. It is important to consider the child’s need for stability and continuity during this time as prolonged uncertainty can be tough on a child's emotional and physical state of being.

Judges may consider extended family members for adoption if they have been in the child’s life before the TPR decision. This helps the child maintain their sense of identity and connection to their biological family during the transition to a new home.

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Child Impact

Termination of parental rights can be overwhelming and the child may feel loss even with the excitement of adoption. Children affected by TPR may exhibit behavioral changes, anxiety, or depression as they process the loss of their family.

Foster or adoptive parents are key in helping children process the grief of losing their ‘first family’ during the TPR process by providing a safe environment to express feelings about TPR and process emotions without fear of judgment. Professional help for children affected by TPR is encouraged even before the hearing. Recognizing the many emotions surrounding TPR is important as everyone involved is grieving.

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Legal Support and Resources

A TPR case can be complicated, so legal representation is key. The Department of Family Services and public defenders serve as representatives for parents so both sides have adequate support and counsel. Organizations can help individuals find attorneys who specialize in family law and TPR cases. Legal Aid organizations may also offer pro bono representation for children’s legal needs in foster care cases.

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Conclusion

The TPR process is a complex journey with many legal steps, emotional challenges, and big decisions. From the initial court review to the appeals and the child impact, every stage matters for the success of the child’s future outcomes. By understanding this process, all parties involved can navigate the complexities and work towards a solution that puts the child first.

Here at Hannon De Palma, LLC, we believe in focusing on what truly matters -- protecting your rights, using our expertise to create successful outcomes for the entire family, and focusing on creating a future where everyone can thrive. Practicing across Westchester County, Manhattan, Long Island, and Boston, the Hannon De Palma team has decades of experience representing clients in custody and divorce cases.
Call our office at (914) 444-1900 or fill out a simple, free online consultation form to begin your next chapter.

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