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Part III
Topics in Separation, Visitation, and Reunification
True, we know that the child who enjoys the continuity, social and
emotional congruity,
7
and familiarity of growing up in her birth home
will be healthier than the child who is wrenched away from her birth
family for an indeterminate period and thrust into the care of strangers,
all other things being equal
. But were all other things equal, the discussion
of foster care, TPR, and adoption (and their alternatives) would never
arise. What we don’t know with any certainty is which among the
infinite number of family-of-origin, interim-care-provider, and child-
specific variables are most relevant, how to measure them, and what
ratio of these variables tips the scales in favor of TPR.
Time is most certainly high on the list of relevant factors, but not
only in the objective sense of calendar days and weeks and years. What
matters is the child’s subjective experience of time, keeping in mind
that this changes with development (see chapter 8) and is likely to be
strongly influenced by the conditions of separation (see chapter 11).
On the one hand, the quality of a child’s relationship with an absent
caregiver is reasonably expected to erode over time. On the other hand,
an absent parent’s “reasonable efforts” to learn and grow and make the
substantive changes necessary for reunification are reasonably expected
to require time. We have previously discussed how this see-saw balanc-
ing act plays out when parents are incarcerated (Satyanathan, 2002),
deployed with the military (Neil, 2007), or incapacitated or hospitalized
due to illness (Hannett, 2007). In this chapter, we discuss what occurs
when it fails.
Some states have rationalized this dilemma explicitly by recognizing
the countervailing value of the foster parent bond.
8
To the extent that
the quality of the parent–child attachment is poor to begin with and/
or erodes over time, these statutes allow that the court may consider
the quality of the child’s attachment to the interim (and prospective
adoptive) caregiver in determining TPR. New Jersey law, for example,
allows that:
Courts may terminate parental rights if it can be shown through psycholog-
ical evaluation or other expert testimony that the child has become psycho-
logically bonded to his temporary caretaker, that he or she will suffer
harm if removed from [the] temporary caretaker and that his/her caretaker
would adopt the child should he/she be freed for adoption.
9
In a similar manner, Connecticut allows that TPR proceedings must
consider “the feelings and emotional ties of the child towards the parent
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