Question: I want to adopt my foster child. How long does it take to terminate the birth parents' rights, and what is the process like?

Answer: Though there are some time limits set by the State of California, the process varies greatly, and depends on the age of the child, the underlying circumstances that prompted the child’s entry to foster care, and the extent of efforts made by the birth parents to reunify. Generally, if a child is under three years of age, and reunification services are ordered, the services are not to exceed a period of 6 months from the date the child entered foster care unless the birth parent is making substantial progress in completing the reunification plan. If the child is three years or older, the reunification services generally do not exceed a period of 12 months. However, reunification services may be extended for up to 18 months, if the court finds there is a “substantial probability” that the child will be reunified and that the parents will accomplish all reunification requirements within that extended time. Once reunification efforts are terminated, the case is set for a permanency planning hearing under Welfare and Institutions Code § 366.26. The hearing must be set within 120 days of termination of reunification services. This allows time for the parents to appeal the termination of services order, as well as time for the child welfare agency to complete the assessment necessary for the permanency planning hearing. At the .26 hearing, if the agency is recommending that parental rights be terminated so that the child can be adopted, the parents may object to the grounds for termination and request a contested hearing, which allows them to present witnesses and evidence. A contested hearing will delay the final decision on whether the child can be adopted and is usually set several weeks or several months out, depending on the court’s calendar. When the court chooses adoption as the permanent plan and terminates parental rights, the court will order that the child be placed for adoption. The birth parents have 60 days within which to file an appeal of the termination order. If the parents do file an appeal, the adoption will be delayed pending a decision from the Court of Appeal, a process than can take many months. In some counties, the prospective adoptive parents must file their own adoption paperwork. In other counties, the county adoption agency will assist the prospective adoptive parents with the required forms. The court will not set a hearing on the adoption until all of the adoption paperwork is completed and filed with the court and until the parents’ appeal - if one is filed - is final. If no appeal is filed, the court can proceed with the adoption hearing any time after the 60th day, assuming all adoption paperwork has been completed and filed.