Adoption and DV

Question 1

Adoption Requires

Answer 1

Termination of Parental Rights

Question 2

Voluntary Termination of Parental Rights

Answer 2

Bio parents may voluntarily give up their rights and consent to the child’s adoption

Question 3

Involuntary Termination

Answer 3

Petition may be filed to termination parental rights on any of following grounds:

• parents has demonstrated purpose of relinquising or failure to perform parental duties for 6 months
• repeated and continued incapacity, abuse, neglect, refusal as caused child to be without care
• parent is presumptive but not natural father
• identity or whereabouts of parent unknown and cannot be ascertained by diligent serach and parent does not claim the child within three months after the child is found
• child removed from parent by court or under voluntary agreement with agency for 6 months and the conditions that led to removal continue to exists and cannot be remedied withint a reason period
• newborn: parents knows to has reason to know of child’s birth, and has failed for 4 months to maintian contact
• father of child result of rape or incest
• parent convicted of homicide or agg assault or attempt, solicitation, conspiracy thereof
• commited sexual abuse against the child or another one of their children
• required to register as a sex offender

Question 4

Two Part Test for Termination

Answer 4

(1) must prove by clear and convincing ev that the parent’s conduct satisfies statutory grounds for termination
(2) court considers needs and welfare of child under best interests standard
* considers comfort, security, love, stability, emotional a bond

Question 5

PFA Act Protects based on the following relationships

Answer 5

• Spouses
• people who live as spouses
• parents and children
• people related by blood or marriage, including siblings
• sexual or intimate partners

Question 6

Definition of Abuse for PFA

Answer 6

One or more of following:

• Intentinoally, knowingly, recklessly causing bodily injury or sex offense
• placing in reasonable fear of imminent serious bodily injury
• false imprisonment
• sexual or physical abuse of minor child
• knwoingly engaging in conduct or repeatedly committing acts (like following) that place person in reasonable fear of bodily injury

Question 7

Relief Awarded under PFAA

Answer 7

Typical awaraded a protection order requiring no contact

Arrested if violated, entiteld to prelim within 10 days

Orders cannot be longer than 3 years