Termination of Parent-Child Relationship

Question 1

*Involuntary Termination of Parent-Child Relationship

Answer 1

• Clear and convincing evidence needed

* Involuntary termination if: one 9 grounds apply and termination is in the best interest of the child

Question 2

• 9 Grounds for Involuntary Termination (memorize)

Answer 2

1. Neglect
2. Abuse
3. Previous Termination
4. Parental Misconduct
5. Use of Controlled Substance in Manner that Endangers Child
6. Failure to Support for one Year
7. Abandonment
8. Imprisonment for more than 2 years
9. other Grounds

Question 3

Previous termination - involuntary termination

Answer 3

the Parent-child relationship may be terminated if the parent’s parent-child relationship was terminated with respect to another child based on a finding of abuse or neglect

Question 4

Parental Misconduct - involuntary termination

Answer 4

If the parent has refused to submit to a court order relating to child abuse, or has been the major cause of the child’s failure to be enrolled in school or of the child’s long-term absence from home whit consent and without an intent to return, it is grounds for termination

Question 5

Failure to support for 1 year - involuntary termination

Answer 5

If the parent failed to support the child for a 1 year period

generally used by one parent against the other parent after court-ordered child support has been ignored for a long time

Inability to pay may be a defense

Question 6

Abandonment - involuntary termination

Answer 6

parent has abandoned the child and has expressed an intent not to return or failed to provide adequate support for the child for an extended time

Change of heart does not preclude termination

Question 7

Involuntary Termination of Rights of Alleged Father

Answer 7

Helps facilitate adoptions when the father’s identity is unknown

Ground for terminating the rights of a father who has not signed an affidavit or waiver of interest:

1. culpable acts- any acts that would warrant termination
2. failure to respond to citation- after being served
3. failure to file with paternity registry

Question 8

Removing A child from a home

Answer 8

TDFPS can remove a child who is in immediate danger for 14 days. Sufficient evidence of need must be presented.

Question 9

Voluntary Termination Petition

Answer 9

May be filed after first trimester of pregnancy

Helps facilitate the placement of non marital child for adoption immediately after birth

Can be done through an affidavit that is executed 48 afters the child’s birth- Affidavit of Relinquishment of Parental Rights
- is revocable for 10 days unless otherwise stated

Question 10

Affidavit of Waiver of Interest in Child

Answer 10

Putative Father Disclaims interest

If non marital child is placed for adoption, the rights of the father also must be addressed in the termination proceeding

By signing waiver, father disclaims all interest in the child and can do so without acknowledging paternity - irrevocable once signed

Question 11

Effect of Decree Terminating Parent-Child Relationship

Answer 11

Decree is a final judgment and absent, an appeal or motion for new trial, cannot be modified

The decree divests the parent and child of all legal rights and duties except the child’s right to inherent unless specifically waived

Question 12

• Personal Jurisdiction over Non-Residents in SAPCR case

Answer 12

Court needs personal jx in SAPCR cases for all non-residents

TX long-arm statute. PJ if:

(a) individual personally served in TX
(b) individual consents (e.g. appear in court with non special appearance
(c) individual resided with the child in Texas
(d) child resided in TX at the directive or as a result of the acts of individual
(e) individual engaged in sexual intercourse in TX and child may have been conceived that way
(f) individual registered with paternity registry or acknowledged paternity.