The question of terminating parental rights has always been a real problem for most parents. Children love both their parents and when the problem appears and the child has to move away from one of them or even both, the situation is stressful for all, parents and the child. The problem is supported by the intrusion of the society and some social policies in the cases, when the parents are unable to cope with the child because of some health problems and the case is directed to the court to terminate the parents with some health disabilities in their parental rights. The termination of parental rights is a serious matter and all the procedures have to be provided in the court and with the participation of the social representatives, who care about the child’s interests. There are different reasons for termination of parental rights, and these reasons are going to be discussed in the current paper along with some true to life examples of the court cases, when either both parents or just one parent was terminated in the rights in relation to a child.
Starting the discussion with the definition of the expression “termination parental rights”, the term means the forbiddance for the parent or parents to take part in the child’s education and upbringing. The terminated parent is forbidden to see his/her natural child, to communicate and provide any other actions, which are directed on the child. Responsibilities are on the same level, as having no rights the parents are released from the responsibilities about the child. They should not worry and feel any obligations about the child any more. The example may be offered that the terminated parent has the same responsibilities and rights in reference to the child as the stranger, in other words, no responsibilities and rights at all.
Terminating parental rights may be provided for several reasons, first, when parents are divorced, and one of the natural child’s parents does not provide his/her obligations in reference to the child: the financial support is not provided or the responsibilities to educate and bring up the child are not followed. The second reason is when two of the parents are unable to care about their child, the timed termination parental rights are provided to give the time for parents to realize their mistakes and to change their attitude both to life, and their child upbringing. One more reason is when the child is in the orphanage, but parents are not terminated in their parental rights for some reasons, and the other family wants to adopt the child. The adoption laws are strict, and in some cases the parents may be terminated, and the reasons for taking the child in the orphanage are discusses.
Let us consider the case, when parents are divorced, and one of them who does not live in the family with a child, does not support the family financially and does not take part in the child’s life. Moreover, the parent may see the child, but if the other party has some reasons to think that the child may be hurt, the application to the court may be given and the court will investigate all the reasons for the case and the decision will be provided whether the parent is reliable and can be trusted enough to bring up the child. Why the terminating parental rights are so necessary and important in the cases when parents have divorced? First of all the absence of any support does not give the parent the right to be called a “parent”. This may be just mother’s desire or the necessity in the cases, when the second husband of the woman wants to adopt her child on the legislative terms. The termination of parental rights is obligatory in the case.
The inability for parents to care about their child is a serious reason, and all facts should be discussed in order to provide the wise decision. It has occurred that government follows and regulates the parental relations, and in the cases, when parent are unable to care about their child, the government may take the child and either terminate parental rights at once or to give them time to improve their life conditions. The two cases may be discussed from this perspective. First, parent of the child are with disabilities and are unable to provide their duties in the relation to the child. The social policies are strict, and there is even the term “parental disability”, which is one of the reasons for termination of parental rights in the legislation. The discussed disabilities may be of the following nature: mental illness, intellectual or developmental disability, emotional illness and physical disability. Such reasons for the termination of parental rights are used in 36 states, and 11 others do not consider the parental disabilities as the reason for termination parental rights. In addition, considering this reason for termination of parental rights, the condition of parents is taken into account, not behavior (Center for Advanced Studies in Child Welfare).
There are both supporters and opponents of the termination of parental rights with the reason of their disabilities. To support the idea, it should be mentioned that parents are parents, and they love their children and in most cases are unable to hurt their child. But there are cases, when the mental disabilities of parents are so serious, that parents are unable to care about themselves, and the child is the burden, they are unable to care of. The serious risk, when the mental disease is on such stage, that parents or one parent may hurt the child, without even understanding what was done wrong.
The example of the termination of the mother with the mental disabilities may be considered to understand whether the state is right that it have adopted the disability as the reason for terminating parental rights or not. The case is called Alyssa B. v. State, 165 P.3d 605, which took place in 2007 in Alaska. The Alaska Supreme Court had to consider the case, where the mother turned to the court with the application that she was terminated in her parental rights illegally and she wants to return her child to her. The mother’s strong consideration was that her rights were violated and no one had the right to take her child off from her (Rasco& Vermette, 2008).
Considering the facts of the previous case, it was concluded that the court was absolutely right, as from the mother’s side there were a lot of mistakes and some actions, which may not be confirmed by the court. First, the court used the reason that mother had borderline personality disorder and chronic depression. Second, the mother did not come for the hearings, was absent on the trials, and the case had to be delayed for several times. Moreover, the mother did not want to be treated, and the remedy of the causes of her condition was not provided. The conclusion was made that the mother could result in substantial risk of harm to her daughter (Rasco& Vermette, 2008). This was the main reason for the terminating of the woman’s rights. The decision may be easily supported as if the person does not want to be treated in order to keep the child in safe and be sure not harm his/her, the child should be taken off for the government care. The conclusion should be provided that people with mental disorders, which may be treated, should cooperate with the Health Care Department in order to avoid the terminating parental rights.
The question of the adoption is the most difficult to consider as there are a lot of specific items and condition, which are going to be considered at least partially in the following part of the paper. Before adoption of the child, the biological parents have to be terminated parental rights. Being in the orphanage, the child may still have natural parents, but when the other family wants to adopt the child, the termination of natural parental rights’ should be provided, referencing the law. In addition to the discussed question, it may be outlined that there are to types of termination parental rights, voluntary or involuntary.
During the voluntary termination of parental rights, the natural parents of the child do not protest from termination and the court procedure is rather fast, without any delay. Some states have the amendment in the law, that “parent may not be voluntarily terminated except upon a showing that it would be in the interest of the child” (Jones, Tilden, & Gaines-Stoner, 2008, p.109). The following part in the law is necessary in order not to give parents to avoid their responsibilities and obligations about the child care by the voluntary termination of parental rights.
The involuntary termination of parental rights is when parents or one of the parents is terminated parental rights without his agreement, and the following procedure is occurred on the law foundations. The parent or parents may be terminated involuntary, without the agreement, in parental rights in the following number of cases. First, when the parent do not contact with a child and the strenuous intentions to find the parent for more than six months were not crowned with success or when the parents deserted the child and did not appear for a year, such parent may be terminated in parental rights. Furthermore, if after one year missing the parent appears, and if the placement conditions are not satisfactory for the child to live there, the parent may also be terminated in parental rights, as well as it may be done when one of the parents or both suffer “a condition that is seriously detrimental to the child and is not remediable” (Lindsey, 2004, p.78) or when the parent is not perfect in the up bringing relation, there are some health problems, and the parent does not want to be treated or to change in order to be able to be given a child for upbringing (Lindsey, 2004).
The problem of termination parental rights in the cases of gays and lesbians is rather difficult affair, as in some cases the gay and lesbian marriages are allowed, and in some are forbidden and the problems appear when the child from one state is wanted to be adopted by minor parents from the other. As the example, it may be taken the law, which allows the same sex couples to adopt children if none of the parents was terminated in parental rights before. An interesting case took place in 2002, when Nebraska State had to recognize Pennsylvania decision, in the case of the lesbian couple and to allow adopting of the child for such family, even though the laws of Nebraska forbid such action (Burda, 2008, p.410).
The problem of termination parental rights in reference to minority is a serious question, as there are a lot of situations, when parents have almost agreed that they are unable to cope with the child, to feed him/her, to bring up and to educate, and want to be terminated parental rights to give the opportunity for both, the other family to adopt their child, and for their child to have a good successful future. The reason that the future parents are going to be the same-sex couple prevents most parents from termination parental rights step voluntary. The reasons for such a decision are not going to be discussed in the current paper as it is not the theme of our investigation. It may be just concluded that termination parental rights of the opposite-sex oriented person does not influence the court decision in the second cases adoption, while the termination parental rights of the same-sex person once does no allow him/her to adopt the child for the second time.
Termination parental rights procedure is long and difficult, during which a great deal of details may appear and the court decision may be unpredictable. The child is in the worst condition, especially if he/she is rather old to understand what is going on. The child feels depressed and is unable to understand how mother or father may be so bad, that all want to protect the child from him/her. The only evidence, which the court is guided by, is the interests of the child. The abuse of children at home is the main reason for terminating parents with their rights. Providing the harm to the child or being convicted for the creation of any other crime is a serious reason, which is going to be taken into account by the court.
Deciding the question whether to terminate parental rights of the parents, the court is also guided by the evidences, the words of the witnesses and the social department conclusions about the affair, but in most cases the court is also intended to consider the connection between parent and children as the position which should never be questioned, and if the reasons for termination are not harmful for the child, the parents are given the other chance. This chance is rarely given to parents, who were terminated in parental rights in the past, as the reasons for the previous court decision are also considered and they must be argumentative and strong, if the same decision was already provided before.
The procedure of the termination parental rights is rather long and complicated, as the opinions of all sides should be considered, the interests of child included and evaluated. Parents should be investigated on the subject whether they may be trusted and relied, and in the case when the child is old enough to express his/her opinion, the court may be guided by the child’s opinion about the affair, to understand whether the child is happy or not, and only then, when all documents will be considered and all the evidences, related to the case investigated, the decision may be provided.
So, summarizing all said, it may be concluded that terminating parental rights is a rather serious and long procedure. The following reasons may be used for terminating parental rights, such the no financial support for the child, no any other support, connected with education and upbringing of the child, the parents are in the condition, which may harm the child, such as mental or physical disability, which is either not treated or the parent does not want to b treated. The main evidence, which is taken into account by the court, is the child’s interests, which are of the greatest value, as well as the connection of parents with the child, and the court will never terminate parental rights of parent without strong and argumentative reasons. Moreover, there is even the law, which dwells that parents may not terminate parental rights is the child is in safe and the conditions for his/her life are satisfactory, to avoid the abuse of responsibilities and obligation, which are put on parents. Having terminated parental rights, parents are released not only from parental rights, but also from any obligations, which are put on parents.
Reference List
Burda, J. M., American Bar Association, General Practice, Solo & Small Firm Division. (2008). Gay, lesbian, and transgender clients: a lawyer’s guide. American Bar Association, Chicago.
Center for Advanced Studies in Child Welfare. (2009). Termination of parental rights. Web.
Jones, B. J., Tilden, M., & Gaines-Stoner, K. (2008). The Indian Child Welfare Act handbook: a legal guide to the custody and adoption of Native American children. American Bar Association, Chicago.
Lindsey, D. (2004). The welfare of children. Oxford University Press, Oxford.
Rasco, S. & Vermette, H. (2008). Termination of Parental Rights. Journal of American Academy of Psychiatry Law, 36(3), pp. 418-419.