Chapter 13
Development and the Termination of Parental Rights
225
are at very high risk to blame themselves for the separation in the first
place and again when reunification fails. Thus, mental health, family
law, child protective service, health care, and educational professionals
must work hand-in-hand with the child and—when possible—the par-
ent, to assure that termination is seen at least as much an opportunity
as it is a crisis.
NOTES
1.
Or, more stringently: “While the criteria for establishing the best interests
of the child are not capable of specification, each case being largely
dependent upon its own facts and circumstances, the proof necessary in
order to deprive a person of his or her parental rights must be clear,
cogent and convincing.” (
Custory of Smith
, p. 39, 137 Wn. 2d 1, 39).
2. The United States Department of Health and Human Services provides
a comprehensive compendium of TPR statutes at http://www.childwelf
are.gov/systemwide/laws_policies/statutes/gro undterminall.pdf
3. Much has been written about the relationship between psychopathology
and parenting capacity. I note Ezzo et al. (2004, p. 31): “[A]lthough most
abusive parents exhibit deficits in a variety of areas of functioning, they
rarely suffer from acute psychiatric disturbances” Bogacki & Weiss (2007).
observe that parents with significant cognitive, developmental, and emo-
tional differences may be the least able to defend themselves and may
therefore be at highest risk of having their parenting rights terminated,
even though many of these disabilities are very treatable. Lagan et al.
(2009, p. 53) summarizes: “Often mothers with psychiatric illness struggle
to meet the cognitive, emotional, and financial demands of drawn-out
custody proceedings. For these mothers, there is a paucity of appropriate
support available.”
4. See, e.g.,
Lassiter v. Department of Social Services
, 452 U.S. 18 (1981).
5. Many statutes allowing relinquishment of parental rights also allow for
limited conditions under which relinquishment can be reversed. For exam-
ple, according to New Mexico law (§ 32A-5-21), a minor child’s relin-
quishment of her child can be reversed simply on the basis of her status
as a minor, providing yet another instance in which the concept of the
“mature minor” must be considered, as discussed in chapter 14.
6. Jonson-Reid (2003) documents foster care recidivism, noting that recidi-
vism decreases as duration of and stability of foster care increases, when
foster placement is with family members, and when in-home services
were in place prior to placement.
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