Termination of Parental
Rights
When a parent has been found guilty
of violence, abuse, child neglect, or
other offences, and when the circumstances
are severe enough, a government agency
may petition the court to terminate the
parental rights of that parent. A termination
case is much more severe than cutting
off custody rights.
When a party’s
parental rights have been terminated,
that party permanently loses the rights
to have any relationship with the child.
While the party is excused from supporting
the child, the party has no legal rights
of access or communication with the child
either. A termination proceeding is,
therefore, a very severe proceeding,
which should be invoked only in the most
severe cases.
Unfortunately, in many states, termination
actions are filed by over-zealous agents
and lawyers representing the state child
protective agency. These agencies come
in many names such as the Division of
Youth and Family Services, the Department
of Child and Youth Services, the Division
of Health and Human Services, and Child
Protective Services. Across the board,
many of these agencies are very poorly
run and managed, and many of the case
workers and prosecuting attorneys associated
with them yield great power with limited
skill, education or experience. Many
parents facing termination proceedings
have complained publicly and privately
that they felt that they were “railroaded” by
these agencies.
If you or somebody you know is involved
in a termination of parental rights case,
you should not hesitate to retain legal
counsel and to defend your rights aggressively. |