Grounds for Involuntary Termination of Parental Rights - American Samoa

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Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Code §§ 45.0401; 45.0103(19)

The court may, upon petition, terminate all rights of a parent or parents to a child when the court has determined that the child is neglected by one or both parents or dependent.

'Neglected or dependent child' means a child to whom any of the following circumstances apply:

  • Whose parent, guardian, or legal custodian has abandoned him or her or has subjected him or her to mistreatment or abuse or whose parent, guardian, or legal custodian has allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and to prevent it from recurring
  • Who lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian
  • Whose environment is injurious to his or her welfare
  • Whose parent, guardian, or legal custodian fails or refuses to provide proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being
  • Who is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of his or her parent, guardian, or legal custodian

Circumstances That Are Exceptions to Termination of Parental Rights

This issue is not addressed in the statutes reviewed.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.