Hi Kittycat!
First of all, I'm so happy for you...I saw your post on the "Mommy board" and I felt such excitement for you - I have been praying and hoping!!
I don't know much about California law, and before I say anything else...I want you to keep in mind that everything depends on the judge. Some judges are more lenient/tolerant and are more inclined to try to keep the biological mother/child relationship in tact. That being said...(IMO) the baby's BM has slim to NO chance (at this point) of regaining custody. However, if she decides to turn her life around and cooperate with the court appointed goals...she may cause some problems for you.
In NH, a birth parent has 12 months to prove themselves to the court. Usually, when a child is removed from the parent's custody, 1 month later the parent is required to attend an ajudication hearing. The ajudication hearing is to determine whether or not the child was justifiably removed from the parent's care. If the allegations against the parent are deemed to be correct, the parent has 1 year from the date of ajudication to meet their court appointed goals. My job is to help birth parents meet their court appointed goals, and sadly...it just doesn't happen very often.
The BM has some serious strikes against her. The way I see it, she would have to do some serious work in order to get her daughter, should she decide she wants custody. The judge is going to want to see:
1. Compliance with random drug testing, and obviously negative tests. This is a biggie, and if the BM can't accomplish this...she might as well not even bother to try to meet the other court appointed goals.
2. Not only regular visitation with the baby, but the BM must be on-time and prepared for the visit (i.e. - she can't show up high, she may be required to bring supplies for the baby such as diapers and wipes - in order to show some sense of ability to care for the baby)
3. The BM must demonstrate good parenting skills during the visit. She must check diapers, care for the baby appropriately, demonstrate good judgement (does she dress the baby warmly before going out in cold weather, does she hold the baby while giving her a bottle instead of "propping" the baby up with a bottle, etc). The visits will surely be supervised, so you can rest assured that the baby will not be in any danger.
4. The BM must have gainful employment, and she must have an established (and appropriate) place of residence. She must also demonstrate that she would be capable of providing for the baby, financially and otherwise (does she have safe baby furniture/equipment for the baby, etc). She must develop some kind of feasible plan as far as day care and her work schedule goes.
5. She will most likely be required to attend some kind of parenting class, and/or some kind of counseling or rehab for her drug problem. Psych evals are usually requested as well, at the expense of the BM.
6. She must appear at all court hearings! This is also a biggie...not only does it show a lack of responsibility and concern for the child, it wastes the court's time and many judges take it very personally!
I don't know this BM, so I feel a little funny giving you my opinion....but I'm just going to go ahead anyway. This BM had a huge strike against her right off the bat (when the baby was born) because the baby was born with Meth in her system). The BM has done exactly what the court DOESN'T want to see ever since. The BM sounds like a complete flake....and it also sounds like it would take an act of GOD for her to turn her life around. So no, it's very unlikely she would ever get her daughter back.
In situations like this, the foster parents are usually given the option for adoption....unless the baby's father or a suitable blood relative steps in and requests custody. Even then, it's not always a serious threat to your adoption, especially since the baby is now two months old...and the court would want to see the family member have "interest" in the baby right from the start. Has paternity been established? And have you heard anything about the birth father and his feelings about relinquishing his rights? At this point, I would say this would be your only threat (if such a relative exists)
As foster parents, it's vitally important that you bend over backwards and comply with every little request. The judge will also scrutinize you and your husband, and the home the baby has with you. Should the BM want to start seeing the baby, and the court arranges visitation....make sure you completely cooperate with it and don't interfere. I have seen perfectly wonderful foster parents accused (by lawyers for birth parents) of "trying to sabotage" the parent/child relationship. It doesn't look good to the judge.
There is one wonderful foster mother I have befriended who does something really great...she keeps complete notes and records of the baby's day to day growth/activities/accomplishments/doctor appointments/etc., and she keeps updated photos within her records. When she went to court for the permanency hearing, whenever there was a question about milestones or doctor appointments, she just flipped through her notes and recited accurate dates and full reports. The judge was VERY impressed and praised her for her efforts! Also, it showed that the sick, unresponsive, and unstimulated baby she took into her home...thrived and developed beautifully while living with her foster parents.
So in a nutshell, I think you have a great chance of adopting this baby. I don't want to get your hopes up, because like I said..I don't know the BM or Californa law...but it would be extremely unlikely that any judge would give this BM any consideration. Talk with the CPSW who is handling the baby's case...and ask about court timelines and what you can expect.
I wish you all the luck in the world...please keep me posted, and if it's allowed (sometimes you need the BM's permission)...post a picture when you get a chance!! I hope I helped you somehow, sorry the post is so long-winded!
God bless your family, and congratulations!!
Question for Kibbie 
