Termination of Parent-Child Relationship

Question 1

Involuntary Termination

Answer 1

A court may terminate the parent-child relationship (PCR) if it finds by clear and convincing evidence that doing so is BIC and that the parent has done one of the following:

i) Voluntarily left the child alone or in a non-parent’s possession and expressed an intent not to return;
ii) Voluntarily left the child alone or in a non-parent’s possession without expressing an intent to return, without providing for the child’s adequate support, and remained away for a period of at least three months;
iii) Voluntarily left child alone or in another’s possession w/o providing for he child’s adequate support and remained away for a period of at least 6 months;
iv) Knowingly placed or knowingly allowed child to remain in conditions or surroundings that endangered the child’s physical or emotional well-being
v) Engaged in conduct or knowingly placed child w/ persons who engage in conduct that endangers child’s physical or emotional well-being
vi) Failed to support the child in accordance w/ the parent’s ability during a period of one year ending within 6 months of the filing of the petition; ***
vii) Abandoned the child w/o identifying the child or furnishing means of identification, and the child’s ID cannot be ascertained by the exercise of reasonable diligence
viii) Voluntarily, and w/ knowledge of the pregnancy, abandoned the child’s mother beginning during her pregnancy and continuing through the birth, failed to provide the mother adequate support or medical care during the abandonment period before the child’s birth and remained apart from the child or failed to support the child since birth
ix) Refused to submit to a reasonable and lawful order of a court regarding an investigation of child abuse or neglect
x) Been the major cause of the child’s failure to be enrolled in school or the child’s absence from home w/o the occident of the parents for a substantial length of time or w/o intent to return them
xi) relinquished his parental rights;
xii) Been convicted orcas been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for child’s death or serious injury
xiii) Had her PCR terminated w/ another child based on finding she knowingly placed child w/ persons who engage in conduct endangering child’s physical/emotional WB
xiv) Used a controlled substance in a manner that endangered the child’s health or safety;
xv) Been the cause of the child being born addicted to alcohol or controlled substance, other than legally obtained by prescription
xvi) Voluntarily delivered the child to a designated emergency infant care provider w/o expressing an intent to return for the child
xvii) Been convicted of the murder of the child’s other parent
xviii) Constructively abandoned child who has been in the permanent or temporary managing conservatorship of DFPS or an authorized agency for not less than 6 months and
a) Dept made reasonable efforts to return child to parent
b) Parent has not regularly visited or kept up significant contact
c) Parent has demonstrated inability to provide safe environment
xix) Failed to comply w/ provisions of court order specifically established the actions necessary for parent to obtain the return of child who has been in per/temp MC of DFPS for not less than 9 months as result for removal due to abuse/neglect
xx) Knowingly engaged in criminal conduct that has resulted in the parent’s conviction of an offense and confinement or imprisonment

Question 2

Guardian and Attorney Ad Litem

Answer 2

In an SAPCR seeking to terminate the PCR, a guardian ad litem must be appointed for the subject child unless:

i) A Party to the suit will sufficiently represent the interests of the child
ii) An attorney ad litem was appointed to serve dual role
iii) The subject child is the petitioner

In a suit brought by governmental agency, an attorney ad litem must be appointed for child. If either parent is indigent and does not have an attorney, then the county may pay for the appointment of the AAL.

Court may also appoint guardian ad litem when someone appears to have interest adverse to that of minor.

Guardian ad litem entitled to reasonable fee for services to be taxes as part of the costs.

Question 3

Voluntary Termination Proceeding

Answer 3

A. Generally
While a petition for the termination of the PCR may be filed anytime after the first trimester of pregnancy, a hearing may not be held until five days after the child’s birth since a mother can change her mind until final judgment. The purposes of this procedure is to provide those interested in the adoption of the child as much notice as possible.

B. Termination of Mother’s Rights
A mother may relinquish her rights by a witnessed and notarized affidavit. The affidavit may not be signed until 48 hours after the birth of the child.

C. Termination of Father’s rights
In the case of a non-marital child, an alleged father may disclaim all interest in a child w/o acknowledging paternity by signing a non-revocable, witnessed and notarized Affidavit of Waiver of Interest

Question 4

Termination Effect

Answer 4

A final judgment terminating a PCR divests the parent and the child of all legal rights, privileges, duties, and powers toward one another, except:

i) The child may still inherit from and through his natural parents unless the final judgment expressly prohibits such rights
ii) The termination does not eliminate a parent’s duty to pay arrearages accrued prior to the termination; or
iii) If court appoints TDFPS as managing conservator and the parent has the financial capacity, a court may require the parent to provide continuing support until earliest of child’s adoption, child’s 18th bday, or graduation from HS (whichever is later), or removal of child’s disability.

If a child is disabled a court may require parent to provide continuous support indefinitely.