Termination of Parental Rights/Adoption

Question 1

Requirements to adopt a child

Answer 1

1. Need consent of bio parents/term of parental rights
2. Child is placed eventually with adoptive parents after parents are investigated
3. then hearing happens to see if adoption is in BIC, usually this is just a formality though

Question 2

Parental consent to adoption

Answer 2

1. Parents consent by relinquishing their parental rights. If they don’t they can preclude adoption going forward
   
   1. Exception:
      
      1. one nonmarital child and father’s identity unknown
      2. Parent is served with papers about adoption. If parent doesn’t object within 21 days, don’t need his consent after that
      3. If parental rights have been terminated, e.g. kids in foster care

Question 3

Termination of Parental rights

Answer 3

1. Child temporarily removed if parent is unfit
2. Initial goal: reunification of parent and child
3. If the problems that led to the removable are insoluble, parental rights terminated
4. Extensive due process protection of unification of parent and child

Question 4

Grounds for Termination of Parental Rights

Answer 4

1. neglect
2. abuse
3. abandonment

Question 5

Burden of Proof for termination

Answer 5

1. Must establish grounds by C&C evidence
2. Must establish that it is not likely that the relevant condition can be corrected or eliminated
3. Must establish in a global way that termination would be in the best interests of the child.
   
   1. Parents waiting to adopt will be an argument in favor, whereas kids going through foster care is an argument against

Question 6

Kid’s consent for termination

Answer 6

1. If kid is 14 or over, need kid’s consent too
2. Custodian would have to consent too, e.g. state social services