Termination of parental rights occurs after the court determines one or both parents has either neglected or abandoned the child(ren) social services has in their legal custody. Termination of rights occurs because parent(s) have failed to provide for their child(ren), neglected their child(ren), or have shown a disregard for the general welfare of their child(ren). This termination hearing will take place because Federal Law states that Child Protective Services must file a Petition to Terminate Parental Rights when a child has been in substitute care for 15 out of 22 months. This is to encourage the parent to deal with the issue in a timely manner and to allow the child to have a permanet home. In regards to a parent who may be incarcerated over 15 months, they should seek a Guardianship for the children with someone they trust. There can be an ending date on the Guardianship to coincide with the parents release or a few months after their release date. Otherwise, the parent (s) have up to one year's opportunity to complete their case plan(s) and get custody returned. If a parent(s) has not retained an attorney before this hearing, it is recommended they do so immediately.
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