How Long Should Children Remain in Foster Care?

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How Long Should Children Remain in Foster Care?

Almost nothing could be more destructive to the well-being of children in foster care than delayed permanency. Sadly, we see cases where children have been in foster care for 3, 5, and 10 years. Does Alabama law have anything to say about that?

Yes. The presumptively reasonable time for a child to remain in foster care is 12 months. L.M.W. v. Etowah Cnty. Dept. of Human Res., 55 So.3d 1204, 1214 (Ala. Civ. App. 2010); M.A.J. v. S.F., 994 So.2d 280, 291 (Ala. Civ. App. 2008). In addition, DHR is mandated to petition for termination of parental rights when a child has been in foster care for twelve of the most recent twenty-two months. Ala. Code § 12-15-317(1).

What’s more, the juvenile court should consider the child’s bond with her foster parent(s), under Ala. Code § 12-15-319(a)(13). Factors in that consideration include “the length of time that the child has lived in a stable and satisfactory environment” and “whether severing the ties between the child and his or her current foster parent or parents is contrary to the best interest of the child.” Id.

How do the Alabama Appellate Courts view delayed permanency for foster children? In the concurring opinion of Justice Smith in Ex parte G.C., Jr., joined by the Chief Justice Nabers and two other justices, Justice Smith notes:

  • As is too often the case, some parents are quite comfortable letting someone else raise their child.
  • It is only when the person or persons actually responsible for the child’s life do what persons in those circumstances typically do – make the day-to-day decisions necessary to rearing a child – that these parents assert their parental rights.
  • These parents want control over important decisions, but they want none of the attendant daily parental responsibilities.

Justice Smith hit the nail on the head. Some parents are quite comfortable letting someone else raise their child. These parents want to assert their “rights” – they want control – but they don’t take the steps necessary to assume daily responsibility. Without a doubt, this rings true with almost every foster parent in Alabama.

Our passion is to equip foster parents to graciously advocate for their foster child. If you think we can help, please don’t hesitate to call or email us, today.