Parents have both rights and responsibilities with respect to their children. Among their rights is the right to direct their child’s health care, education, and other important aspects of their upbringing. In the context of a divorce, this is what is known as “legal custody.”
Of course, they have responsibilities as well. They have to provide their children with the basics we all need to survive, e.g. food, clothing and shelter. Providing a child with adequate health care is the responsibility of parents also.
When one or both parents fail to fulfill their legal responsibilities as parents, they may face legal consequences. Sometimes, a parent recognizes that they cannot fulfill their responsibilities and they voluntarily give up their rights.
On other occasions a family member may seek an involuntary termination of parental rights. Or, most often, an agency of a state’s government seeks involuntary termination of parental rights. Of course, however it is done, the termination of parental rights ends the parents legal relationship with their child.
When Can Parent’s Rights Be Terminated?
State law governs the termination of parental rights, and the law in each state is different in some ways. However, there are also many similarities. The procedures and grounds for terminating parental rights may well be different, but in most states, parental rights are terminated only if the parent is incapable of caring for their child safely or providing for their child’s needs. This must be proven in a court of law.
A co-parent, e.g. a former spouse, a relative or a guardian who thinks that a parent may be a danger to their child can file a petition in the appropriate court seeking to terminate parental rights.
Generally, state agencies and courts first work to maintain the parent-child relationship. After an investigation, a state agency may ask the court to appoint a person to serve as a Guardian ad Litem (GAL). This is a person who serves as a guardian for the child only for the purposes of the legal action.
The GAL investigates the situation and then recommends a plan that would serve the child’s best interest. A court considers the recommendations of the GAL when deciding whether or not to terminate parental rights.
A state child protective service agency may have worked with the parent or parents to complete a permanency plan, that is a plan that would lead to reunification of the parents and the child. However, if the parents have not complied and the plan has not succeeded, then the state would seek to terminate the parents’ rights.
What Are the Grounds for Termination of Parental Rights?
The most common justifications for involuntary termination of parental rights in most states would include the following:
- A parent has engaged in severe or chronic child abuse or neglect of any children in the home;
- A parent has engaged in sexual abuse of their child;
- The parents have abandoned their child;
- The parent suffers severe mental illness or other condition that makes them unable to fulfill the responsibilities of parenthood;
- The parent engages in severe alcohol abuse or substance abuse;
- The parent has involuntarily lost their parental rights with respect to another one of their children;
- The parent has been convicted of a felony offense or domestic violence and can expect to be incarcerated for a long period of time;
- The parent has failed to pay child support or otherwise financially support the child;
- The parent has failed to provide necessary health care to the child.
The state agency may seek involuntary termination of parental rights for a noncustodial parent if the parent faces a long period of incarceration. Sometimes a situation may arise in which one parent only has custody of a child and that parent has been sentenced to a long prison term. . This means that the state agency has to place the child in foster care, so the agency may then try to terminate the parent’s rights.
Of course, parents have a legal obligation to provide their child with health care. Failure to do so can amount to child neglect which can result in the termination of parental rights.
How Are Parental Rights Terminated?
In most states, the termination of parental rights starts when an interested party files a petition to terminate parental rights in the appropriate court. The court holds a hearing with the goal of determining whether terminating parental rights would serve the best interest of the child. During the hearing, evidence may be presented. The parent and the child have a right to be heard and to present evidence.
The legal process of termination is governed by specific state laws and regulations that vary depending on the state. It is important to consult with an attorney who practices family law and has experience with the legal process for terminating parental rights. An attorney can help a parent understand their legal rights and obligations, and represent a parent throughout the legal process.
Social workers and other professionals may be involved in order to assess the needs and well-being of the child. There may be home visits, interviews, and other assessments to determine the best interests of the child.
The U.S. Supreme Court has ruled that the grounds for terminating parental rights must be proven by clear and convincing evidence.
What Happens When Parental Rights Are Terminated?
If a parent’s rights are terminated, they lose all legal rights and obligations with respect to their child. The parent no longer has any legal authority over the child. They lose physical and legal custody.
A parent whose parental rights have been terminated may still have obligations to the child, such as paying child support. This would depend on the state and the unique circumstances of the situation.
The court must consider what the best possible living situation for the child would be. It takes into account the child’s health and medical needs, their safety, and overall well-being. The options are placement with a relative or other suitable person, adoption or foster care. Again, the court acts in the best interest of the child, and the goal is to provide the child with a safe environment where the child can get the care they need.
Is Reunification Possible?
In some cases, a parent may be able to seek reunification with their child or restoration of their parental rights. This would in all likelihood not be easy, and a person would want to seek the advice of a lawyer for advice as to how to proceed.
What Impact Does Termination of Parental Rights Have on Healthcare Decisions
Clearly, a court wants the child to receive the healthcare they need in their new home, and the court works to ensure that this will happen. As noted above, the court may order the local child protective agency to have a social worker or counselor continue to monitor the child in their new environment to make sure they are getting the medical treatment they need.
What Are the Repercussions and Challenges of the Termination of Parental Rights?
Clearly, the termination of parental rights can require a challenging adjustment on the part of both the parents and their child. A court may order that certain support services be provided to the child, such as counseling, to help them cope with the emotional and psychological effect of the termination.
It is important to make sure that the child’s overall wellbeing is adequately addressed in terms of education, physical health, and safety. Again, a court might in some cases appoint a guardian or social worker to stay abreast of the child’s living situation and ensure that their needs are being met.
What Is an Example of a Case in Which Parents’ Rights Were Terminated for Healthcare-related Reasons?
In a 2022 case in Texas, a mother and father appealed a lower court’s ruling that terminated their parental rights with respect to three children, a 12-year old, a 7-year old and a 2-year old. The evidence showed that the children were removed from the home in part, because 2 of the children were significantly underweight.
These 2 had to be hospitalized immediately for malnourishment and failure to thrive. One of these children had very significant medical conditions, including cerebral palsy, that resulted in the need to feed the child exclusively through a G-tube.
The evidence showed that the parents did not know how to manage the G-tube, a situation that resulted in the child’s failure to receive the nutrition they required, being underweight and at risk of infection. Another 1 of the 3 children was significantly overweight, weighing 200 pounds at the age of 9.
On appeal, the court reviewed the termination proceeding, the law and the evidence that had been presented at trial, including the testimony of the parents. The court affirmed the termination of the children’s parental rights. The court noted, among other facts, that the authorities had attempted to work with the family to enable them to manage their children’s conditions but the effort had been unsuccessful.
In this case, it can be seen that the parents’ rights were terminated only after a significant effort had been made to work with the parents to enable them to continue parenting and to manage the children’s medical conditions. The medical conditions of the children were not trivial, and the parents were not able to manage them.
Are There Any Alternatives to the Termination of Parental Rights?
There are alternatives. A court can maintain the parent-child relationship with modifications. For example, a court might change physical or legal custody from one parent to the other parent, if that is an option, and allow the other parent visitation. Visitation can be supervised. A court might terminate a parent’s rights in part, e.g. with respect to health care, if the parent otherwise provides an acceptable level of care to the child.
A court can order various forms of support for a family such as the assistance of a social worker or counselor. A parent might fail to provide their child with the appropriate medical care for a variety of reasons, one of which might be financial or a lack of healthcare literacy. It is possible that a counselor or advisor can help the family find the medical resources it needs through government insurance programs and find a solution to the problem in this manner.
Do I Need the Help of a Lawyer with My Termination of Parental Rights for Healthcare-Related Reasons Issue?
If a state agency or other person is trying to terminate your parental rights, you want to consult a family law lawyer. Your lawyer will be able to explain the process and how you can make sure that your rights are respected and your voice heard. LegalMatch.com can connect you to a lawyer who can guide you through the process and represent your rights as a parent.
