Before children are legally free to be adopted, their birth parents' rights must be terminated, either voluntarily or involuntarily. Courts and judges make decisions about terminating parental rights based on State laws. The resources in this section include State and local examples.

3 Legal Options to Consider When Facing Termination of Parental Rights
Rise (2017)
Provides information for parents on their legal options when faced with termination of parental rights. The article discusses a suspended judgment that a judge can grant when they think it is in the best interests of a child, a conditional surrender, and a parent's option to go to trial.

Court Hearings for the Permanent Placement of Children

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 345KB)
Year Published
2020
Summarizes State laws that mandate the type and frequency of court hearings that must be held to review the status of children placed in out-of-home care. At these hearings, the court reviews the efforts that have been made to address the family issues that necessitated the out-of-home placement as well as efforts to achieve permanency for the child. This document also lists the persons who may attend the hearings and describes permanency options.

Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 596KB)
Year Published
2020
This factsheet discusses laws that require child welfare agencies to make reasonable efforts to provide services that will help families remedy the conditions that brought the child and family into the child welfare system. The issues examined include what constitutes reasonable efforts, when reasonable efforts are required to be made, and the circumstances under which reasonable efforts to reunify the family are not required. Summaries of laws for all States and U.S. territories are included.

Termination of Birth Parent Rights
Considering Adoption
Outlines the differences between voluntary and involuntary termination of parental rights preceding adoption as well as related laws.

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State and local examples

Terminating Parental Rights in Texas
TexasLawHelp.org
Provides information about the termination of parental rights in Texas, including how to begin the process, hiring a lawyer, and the best interests of the child.

Termination of Parental Rights
Alaska Youth Law Guide
Explains termination of parental rights in Alaska, why parental rights might be terminated, and how they are terminated and provides related information for teens and young adults.

What Are the Grounds for Terminating Parental Rights?
The Mississippi Bar
Reviews the termination of parental rights in Mississippi, including how rights are terminated, considerations of the child's interests, and how courts make the decision to terminate parental rights.

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