Are you ready to learn one of the most drastic actions a court can order?
Termination of parental rights is probably the most frightening thing that any parent can hear from a judge. It is a permanent legal action that severs the relationship between a parent and child — forever.
Let’s take a look at the facts:
Termination data shows that 65,000 parental rights were terminated in the United States just for fiscal year 2021. Believe it or not, the stats show that research demonstrates 1 in 100 children in the United States will experience termination by age 18. YIKES!
Knowledge of the legal grounds and process is critical for parents facing termination. But really, any parent should know about this so they don’t get blindsided.
What you’ll discover:
- Legal Grounds That Can End Parental Rights
- Termination Procedures
- The Court Process: Termination in Action
- Rights of a Parent Facing Termination
- Variations in Termination Laws Across States
Legal Grounds That Can End Parental Rights
Courts can’t just decide to terminate someone’s parental rights at their own discretion. Legally, there must be specific grounds for termination and the other parent or the state must prove those grounds.
Let’s start with some of the most common grounds that can lead to termination.
Abandonment and Neglect
This is the most frequent ground for termination. Abandonment is basically when a parent leaves a child alone or does not maintain regular contact.
In most states, this is defined as a parent failing to support or have contact with a child for a minimum of one year. However, there is a little caveat to that statement…
The law doesn’t just pertain to physical abandonment. If a parent demonstrates complete lack of interest in the life and welfare of the child, that can be considered abandonment.
Neglect is a parent not providing enough food, clothing, shelter, medical care or supervision.
Abuse and Safety Issues
Any physical, emotional or sexual abuse of a child can result in immediate termination grounds. This is because child safety is the court’s top priority.
Safety of the child includes the parent putting the child in a dangerous environment or not taking steps to protect the child from known harm.
The main factor? Solid and concrete evidence that the child will be at risk if they are returned to the parent’s care.
Substance Abuse and Mental Health Concerns
Long-term substance abuse that impedes a person’s ability to properly parent a child is a key factor in termination of parental rights. This is especially true for when a parent refuses treatment or fails a rehabilitation program multiple times.
Mental illness is not grounds for termination on its own. If, however, mental health issues prevent a person from providing appropriate care for a child and they refuse to seek treatment, the court can order termination.
Criminal Convictions
Felony convictions, especially those involving violence towards a child or a family member, can also lead to termination of rights. This is true in cases where the parent is facing a long prison sentence or other extended punishment.
Criminal and family law cases are tricky and complex and parents facing these types of cases need experienced divorce and child custody lawyers in Boise, Idaho to explain the intersection between both legal areas. Not all criminal convictions are created equal and that can affect family law cases.
Termination Procedures
Not every parental right termination happens against the will of the parent. Some parents choose to voluntarily relinquish their rights in adoption cases or when they know they can not provide proper care.
Important side note: Voluntary termination is not an official document a parent signs. The court will have to sign off on the termination before it is official.
Involuntary termination is when the state or another person petitions the court to terminate a parent’s rights against their will. The burden of proof here is high and it requires “clear and convincing evidence” that termination is warranted and in the best interest of the child.
The Court Process: Termination in Action
Termination proceedings go through a set legal process that is designed to protect all involved parties’ rights.
A person or entity with legal standing must file a petition with the court and state specific grounds for termination. The parent that is facing the termination of rights must be properly served with legal notice.
Courts take these cases very seriously and very deliberately. There is usually an investigation period to have social workers interview family members, conduct home visits and collect evidence from various parties.
Termination hearings usually take place in several different stages of the legal process. Pre-trial hearings address procedural issues and exchange of evidence. Final hearings are when the judge will make their decision.
Federal law has actually set some clear timelines for when termination must begin. States are required to move towards permanency for children in foster care. This means termination proceedings usually begin when a child is out of the parent’s custody for 15 of the prior 22 months.
One very important side note:
These timelines are not set in stone and vary from state to state. The court can also give extensions in some circumstances.
Rights of a Parent Facing Termination
Parents facing termination have significant constitutional rights that must be respected during proceedings.
Because this action is permanent and ends the parent-child relationship, most courts will appoint an attorney if the parent is unable to afford one. This is not a guarantee like it is in criminal cases, but termination is a bit different because of the nature of the action.
Parents have the right to challenge evidence, present witnesses and cross-examine the witnesses. They can also appeal a judge’s ruling.
In most cases, the state must provide reunification services such as parenting classes, substance abuse and mental health treatment, housing assistance, etc., before termination.
Variations in Termination Laws Across States
Believe it or not…
Termination laws vary widely from state to state. The same circumstances that would result in termination in one state might not be sufficient in another.
For example, some states have a longer waiting period before a termination petition can be filed. Others move faster in severe cases involving infant safety.
Native American families have some special protections under the Indian Child Welfare Act. Some states have a law that expressly forbids termination for legitimate religious practices.
Variations in the law and special circumstances can make cases very unique and different even within the same state.
Special Cases: Circumstances and Restoration
Not all parental termination cases move through the standard process. If the child can be safely placed with relatives, courts may look to guardianship before termination. If the child is older, they may be able to have some input on the decision.
Something that many people don’t know…
Termination is not always permanent. Some states allow parents to petition the court to have their parental rights restored in specific circumstances. This usually requires evidence that the reason for termination has been rectified. It also must be in the best interest of the child. However, this is rare and not all states allow it.
Moving Forward After Termination
The termination of parental rights is permanent and all-encompassing:
- Ends all custody and visitation rights
- Terminates most child support obligations
- Removes inheritance rights
- Legally frees child for adoption
Conclusion
Termination of parental rights is one of the most severe legal interventions in family law. The legal system is set up to respect the importance of parent-child relationships. However, they must also put the safety and welfare of the child as their top priority.
Legal procedure provides several levels of protection for parents and high evidentiary standards. Parents also have numerous opportunities to fix issues that led to the legal proceedings. By knowing the legal grounds and procedure, families can better navigate these difficult legal waters.
Termination law varies widely from state to state and every case is unique. If you are facing termination or have concerns over a child’s welfare, get with a qualified attorney to make sure you are protecting all parties’ rights.
