What is a termination of parental rights?
The parent child relationship is a foundational relationship of society and is protected by the Constitution. However, under certain circumstances your parental rights can be involuntarily terminated or you may have the opportunity to voluntarily consent to the termination of your parental rights. A termination of parental rights permanently ends your legal relationship with the child.
What are my rights in a parental rights termination proceeding?
You have certain rights as the parent in a termination of parental rights case. First, you have the right to be represented by an attorney. Second, you have the right to substitute the judge and have a different judge appointed. Third, you have the right to request a jury trial of twelve people to determine if you are an unfit parent. Fourth, the right to appeal a termination of your parental rights. An appeal is a request to review the fairness of the laws and procedures used to terminate your parental rights; it is not an opportunity to re-litigate the termination fo your parental rights in the hopes of getting a different outcome.
What are my responsibilities?
You also have certain responsibilities as the respondent parent in a termination of parental rights case. You must appear at all hearings on time; failure to appear may result in the loss of legal representation and/or your parental rights. You must cooperate with your attorney. You must decide if you want a jury or the judge to determine if you are unfit. You must decide if you want to proceed with an INVOLUNTARY or VOLUNTARY termination of parental rights. You must decide if you want to substitute the judge. Unlike some trials, you do not have the right to remain silent; you must participate in a deposition or to testify at trial.
What is the process of a Terminal of Parental Rights Proceeding?
An Involuntary Termination of Parental Rights proceeding has two parts: Unfitness and Dispositional/Best Interests. During the unfitness portion the person seeking to terminate your rights has the responsibility to prove to the jury, or the judge if you do not opt to have a jury trial, that you are an unfit parent. Typical reasons for unfitness may include Abandonment (out of home placement and failure to visit or communicate for 3 months or longer) and failure to assume parental responsibility (acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the children).
If the judge/jury finds you unfit based on at least ONE of the grounds alleged in the petition, then you will proceed to the second phase – Dispositional/Best Interests. At this hearing the judge is presented with evidence to determine whether it is in the child’s best interest to terminate your parent rights. This determination is based on the six best interest factors. The best interest factors are: (1) likelihood of adoption, (2) whether it would be harmful to sever the child’s relationship with family members, (3) age and health of the child, (4) wishes of the child, (5) duration and separation of the parent form the child, and (6) whether the child will enter into a more stable and permanent family relationship. The judge must consider each of the best interest factors in making the decision to terminate your parental rights or dismiss the petition. If the Court dismisses the petition, you keep your parental rights.
How do I voluntarily terminate my parental rights?
If you do not wish to fight the termination of your parental rights, you can proceed by consenting to the termination of your parental rights using the voluntary termination of parental rights procedures. The voluntary termination of parental rights procedures are similar to the involuntary process in that there are two parts to the proceeding: (1) Consent and (2) Disposition/Best Interests. The primary difference between an involuntary termination of parent rights and a voluntary termination of parental rights is that rather than another person proving you are unfit you appear in Court and consent to the termination of your parental rights. The judge will ask questions to assure that you are knowingly and voluntarily consenting to the termination of your parental rights and that you fully understand the consequences of a termination of parental rights. Immediately after your consent, or at a later date, the court will take testimony from the assigned social worker about the six best interests factor and make its decision to terminate. The best interest factors are: (1) likelihood of adoption, (2) whether it would be harmful to sever the child’s relationship with family members, (3) age and health of the child, (4) wishes of the child, (5) duration and separation of the parent form the child, and (6) whether the child will enter into a more stable and permanent family relationship. The Court must consider each of the best interest factors in making the decision to terminate or dismiss the petition.
What are the consequences of a termination of parental rights?
The consequences of a voluntary or involuntary termination of parental rights are:
(1) you will no longer have the right to make decisions about your child’s life and will no longer have the right to visit the child
(2) The child will not have the statutory right to inherit from you and you will no longer have the right to inherit from the child. However, you may include anyone you wish in your will.
(3) you will no longer have a duty to support the child. No child support will accrue as of the date of the termination, however, any arrears (past due support) will still need to be paid.
(4) A termination of parental rights is final. You cannot file a petition with the court to undo the termination at a later date or to obtain visitation.
What do I do when I receive a notice of a termination of parent rights?
- Consult with an attorney to obtain a legal assessment of the case, explore potential defenses and outcomes, and discuss your goals in relation to your child
- Know your rights
- Know the procedures
- Appear on time at all court proceedings
