Termination of Parental Rights (TPR)
A Termination of Parental Rights, or TPR, is exactly what the name implies. It is a legal severing of a person’s parental rights to a specific child. In most cases, this is done to free a child for adoption by someone else. When a parent’s rights have been terminated, the parent:
- Cannot make decisions about the child
- Usually cannot contact or communicate with the child until he/she is 18 years old (this is not the case for parents who have conditionally surrendered their rights)
- Can appeal the decision within 30 days of the order
A TPR is considered an involuntary action against the parent. The agency (usually the foster care agency) can only file for a TPR if there is cause. These include:
- Abandonment (no contact between parent and child for 6 or more months)
- Permanent neglect, which could include “failure to plan” (often refers to non-compliance with treatment plan), or failure to maintain substantial, continuous, and repeated contact with a child
- Mental illness or mental retardation
- Severe and repeated abuse (two or more incidents within five years)
Under the ASFA guidelines, if a child has been in care for 15 of the last 22 months, the agency is required to initiate a petition to terminate parental rights. However, there must also be “grounds” or “cause” for involuntary termination of rights, as described above.
Furthermore, a TPR does not have to be filed under the following conditions:
- the child is living with a fit and willing relative
- there are compelling reasons why a TPR is not in the child’s best interest
- reasonable efforts have not been made by the agency to help the child safely return home
The law provides some examples of “compelling reasons” why a TPR might not be in the child’s best interest, including:
- a family setting will not currently meet the child’s needs because of the child’s severe emotional, behavioral or psychiatric problems
- at least one parent is actively being considered as a discharge resource for the child, and it is anticipated that such discharge is likely to occur within six months
- the child is in placement with a sibling(s) and the sibling(s) is not being freed for adoption
- the parent makes regular contact with the child and maintaining their relationship benefits the child
- the child is in care for a child-related problem, at least in part, and there would be little or no benefit to the child in ending the child’s relationship with the child’s parent(s).(1)
TPR hearings are considered a new case, rather than a continuation of an existing case. This means it requires a separate petition, and separate docket number. TPRs are generally initiated by lawyers from contract agencies.
If a parent volunteers to have his or her parental rights terminated, it is called a Surrender of Parental Rights. Surrending parental rights can be a loving decision for parents who want the best for their children.
Click here for a fact sheet to help parents understand more about TPRs. You can also visit Legal Information for Families Today (LIFT) to get other facts sheets about Court written specifically for parents in a variety of languages.
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(1) 20OCFS Informational Letter, 98 OCFS INF-3, Office of Strategic Planning and Policy Development, November 17, 1998.
