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Termination of Parental Rights
Before children are legally free to be adopted, their birth parents' rights must be terminated. This can be done voluntarily or involuntarily. Courts and judges make decisions about terminating parental rights based on State laws. Resources include State and local examples.
| Court Hearings for the Permanent Placement of Children: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 528KB) |
| Year Published: | 2009 - 65 pages |
| Court hearings are used to review the status and determine the permanent placement of children who have been placed in out-of-home care, including foster care. The Adoption and Safe Families Act (ASFA) of 1997 (P.L. 105-89) amended title IV-E of the Social Security Act in an effort to provide added safety and permanency for children in foster placement. ASFA placed an emphasis on expediting and improving planning and decision-making for the permanent placement of children in the child welfare system. ASFA (42 U.S.C. 675(5)(B)) requires that the status of each child in foster care be reviewed at least once every ... | |
Facing Termination of Parental Rights (PDF - 343 KB)
RISE Magazine (2010)
Provides firsthand accounts from parents who have had their parental rights to their children terminated. This issue includes stories and information about what termination of parental rights means, how it might be prevented, reconnecting, open adoption, and more
| Grounds for Involuntary Termination of Parental Rights | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 445KB) |
| Year Published: | 2010 - 62 pages |
| Reviews State laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship. Summaries of laws for all States and US territories are included. | |
| Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 391KB) |
| Year Published: | 2009 - 46 pages |
| Reasonable efforts refer to efforts made by State social services agencies to provide the assistance and services needed to preserve and reunify families. Laws in all States, the District of Columbia, Guam, and Puerto Rico require the provision of services that will assist families in remedying the conditions that brought the child and family into the child welfare system. The statutes in most States, however, use a broad definition of what constitutes reasonable efforts. Some commonly used terms associated with reasonable efforts include "family reunification," "family preservation," "family support," and "preventive services." Summaries of laws for all States and U.S. ... | |
Termination of Parental Rights
Center for Advanced Studies in Child Welfare, University of Minnesota (2009)
Reviews State laws regarding disability-related grounds for termination of parental rights, presents model statutory language and a legislative change strategy, and suggests practice improvements to modify services to accommodate parents with disabilities.
Termination of Parental Rights: Which Foster Care Children Are Affected?
Noonan & Burke
Social Science Journal, 42(2), 2005
View Abstract
Using a competing risks hazard model, differences between the children who are reunified with birth family and those whose parents have their rights terminated are discussed.
The Timing of Termination of Parental Rights: A Balancing Act for Children's Best Interests (PDF - 378 KB)
Ellis, Malm, & Bishop (2009)
Uses interviews with 20 judges from 18 States to explore issues judges consider when making decisions about termination of parental rights and adoption of foster children. The research brief also addresses policy and practice changes that can improve the decision-making process.
Time Between TPR and Finalization: October 1, 2005 to September 30, 2006
Children's Bureau, U.S. Department of Health and Human Services (2008)
Presents data from the Adoption and Foster Care Analysis and Reporting System (AFCARS).
State and local examples
Best Practices in Termination and Adoption Cases: A Report From the Best Practices in Adoptions Workshops (PDF - 46 KB)
Georgia Model Courts Project, Georgia Council of Juvenile Court Judges (2003)
Outlines court practices for termination of parental rights cases and adoption.
Maryland CINA, Related TPR and Adoption Matters: Best Practices Manual (PDF - 487 KB)
Foster Care Court Improvement Project, Department of Family Administration, Maryland Administrative Office of the Courts (2007)
Offers guidelines for court procedures to facilitate the achievement of permanency goals for children in foster care. The manual includes best practices and standards for hearings related to shelter care, adjudication, disposition, permanency planning, termination of parental rights, and guardianship review.
Terminating Parental Rights by Jury Trial in Arizona: A First Year Look (PDF - 545 KB)
Children's Action Alliance (2005)
Examines the legislative mandate initiated in Arizona in December 2003 to allow jury trials for termination of parental rights hearings based on a parent's request.