Termination of Parental Rights (From Juvenile Justice Standards Symposium, P 736-796, 1979 - See NCJ-76912)

• NCJ Number: 76925
• Author(s): O W Ketcham
• Date Published: 1979
• Length: 61 pages
• Publication Format: Document
• Publication Type: Conference Material
• Language: English
• Country: United States of America
• Note: This document is available on microfiche under NCJ number 76912.

Annotation

A symposium presentation and subsequent discussion discuss the termination of parental rights, with emphasis on three proposed sets of standards on the subject.

Abstract

The proposed standard are those of the Institute for Judicial Administration/American Bar Association (IJA/ABA) Joint Commission, the National Advisory Committee for Juvenile Justice and Delinquency Prevention (NAC), and the National Task Force to Develop Standards and Goals for Juvenile Justice and Delinquency Prevention. Examination of different concepts of the parent-child relationship shows that despite confusion about the exact nature of parental rights, society overwhelmingly agrees that natural parents have a special interest in their children. During the dominance of the parens patriae doctrine, which has been found inadequate, state intervention into the parent-child relationship increased markedly. Under modern doctrine, the court's main concern in a termination proceeding should be the child's need to receive the consistent love and care of an adult in an environment conducive to the successful personality development essential for all children. The similarities of the three sets of standards regarding termination of parental rights are greater than the differences. All treat the matter as a problem involving three parties: the parent, the child, and the State. The NAC standards permit judicial discretion regarding termination, while the other standards require termination if a child who has been removed following a finding of abuse or neglect cannot be returned home safely within a certain time period. Four issues involved in determining procedures for termination of parental rights are the time limits applicable to termination proceedings, the relationship between termination and adoption, the protection of the individual rights of the parent and child, and the perspective from which the termination decision should be made. Discussion following the presentation focused mainly on the issue of the child's veto of a proposed termination and on the suggestion of an interlocutory termination decree. Footnotes are included.