Grounds for Terminating Parental Rights
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When dealing with the sensitive subject of Terminating Parental Rights, we know you face a tough battle. There are many factors that determine whether it is legal for a child to be removed from their parents’ care, and the grounds for terminating parental rights can vary from state to state. That being said, here are some of the more common factors that can be used to terminate a parents’ rights:
Child Abuse Factors – severe/chronic physical abuse of the child, sexual abuse of the child, psychological abuse of the child, emotional damage inflicted on the child, neglect (by failing to provide food, shelter, or other care), abuse or neglect of other children in the same household, extreme parental disinterest or abandonment of the child, felony convictions for violent crimes against a family member, and the fact that the child would be at risk if returned to the parents’ home.
Parental Factors – long-term mental illness of the parent, long-term alcohol or drug induced incapacity by the parent, failure to support or maintain contact with the child, failure to provide education, felony conviction where the term of imprisonment is long enough to negatively affect the child and the only other source of care for the child is foster care, failure to comply with a court-ordered plan, inducing the child to commit crimes, unreasonable withholding of consent to adoption by non-custodial parent, identity and location of the father are unknown after a reasonable attempt to find him, the presumptive father is not the biological father, giving birth to three or more drug addicted infants, other egregious conduct or heinous or abhorrent behavior by the parent either to the child or others in a way that affects the child, voluntary relinquishment of rights by a parent, and failure of reasonable efforts to rehabilitate the parent and unite the family.
Other Factors – child has been in foster care for 15 of the last 22 months, and the parent is not ready for unification, risk of substantial harm for the child, the child’s need for continuity and care, the child was conceived as a result of rape or incest, a newborn child is addicted to alcohol or drugs, the child has developed a healthy relationship with their foster or other substitute family, and the preference of the child.
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