Q: My two children were placed in long term foster care after Court proceedings finished in 2015. I have worked hard to turn my life around and address my issues with alcohol and drugs and I now want to have my children returned to me. What are my chances?
A: As a parent of children in care, if you believe that your situation has changed significantly and you have made improvements to your ability to parent your children, then you can apply to the court to discharge the care order and have your children returned to your care. An application can only be made if more than 6 months have elapsed since the Court made the Care Order. This addresses a common concern among parents: how long does it take to get a child back from foster care? Legally, at least six months must have passed since the Care Order was made before a parent can apply to have it discharged.
The Local Authority may also apply to Court to discharge Care Orders and this will be considered at the Looked After Children Reviews (LAC Reviews) which you are invited to attend in respect of your children, every 6 months. LAC Reviews also look at the level of contact you are having with your children and consider whether contact should be increased. If you are saying “I want my child back from foster care” but feel your contact is not progressing, you do have the right to take the matter further independently. If you feel that contact is not progressing under the LAC process then you could make an application to the Court to increase contact.
Legal Aid is available for discharge applications and applications for contact to a child in care, so it would be advisable to contact a family law solicitor to find out if you qualify. Understanding your rights as a parent in long term foster care situations is essential—especially when it comes to making the right application and providing evidence of your progress. If the Local Authority does not consider that a discharge application should be made, then, as a parent of the child, you may make an application to Court to discharge the Court Order.
Six months must have elapsed since the Court made the Care Order and you must be able to demonstrate that you have made positive progress during that time and changed your life for the better. If you’re looking for advice on how to get your child out of foster care or getting your child back from foster care, the discharge of the care order is the formal route you must take. With the right support and proof of rehabilitation, you can work towards reunification.