A request for voluntary termination of parental rights may arise in many different circumstances. It may come from expectant mothers who wish to place their infant for adoption or parent(s) of one or more children. It may come from parents involved in a child abuse neglect case. It may come from parents involved in private child custody or child support case.

When a birth parent approaches the worker about executing a voluntary consent to termination of parental rights the Children Services Worker should determine the basis for the parent(s) request. The worker should inform the parent(s) of the full range of alternatives for providing for the child including services available through the Children’s Division and other agencies and community resources. The worker should explain to the birth parent that deciding whether to sign to sign consent to TPR is a very significant step which has and permanent legal and social consequence for the birth parents, the child and the extended family.

The worker should inform the parent(s) that the worker is not giving legal advice about whether or not it is in the birth parent’s legal interests to sign consent to TPR form.  The worker should advise the parent to consult with an attorney before the parent makes a decision to agree to a voluntary termination of parental rights. If the parent does not have an attorney the worker should refer the parent to the legal aid office which covers the area and any other resources such as the Missouri Bar Lawyer’s Referral Service (www.mobar.org). The worker should carefully document in the record what information was provided to the parent and that the worker advised the parent to seek independent legal advice before signing the consent. The parents should be given sufficient time to carefully think through their decision and to consult with an attorney.

If the parent of the child is a minor, or the worker has information which would indicate that the parent is under a disability which may make it difficult for the parent to understand the legal and social consequences of signing a consent to termination of parental rights, the consent to termination of parental rights may be invalid unless additional procedures are followed. If any of these circumstances apply the worker should refer the matter to DLS for legal advice on what legal procedures may be appropriate.

Once voluntary relinquishments become the plan, the following steps should be completed:

• Written consent forms, authorized by the local juvenile court, should be completed and signed in accordance with court policy. It is preferable that the parent’s attorney be present when the forms are signed.
• If a custody order is required, follow local juvenile court requirements for obtaining one.
• Cooperate with local juvenile court requirements for letter/report, interrogatories, depositions, appearances, testimony, etc.
• Collect parental background information, i.e., ethnic/cultural/religious heritage, citizenship or immigration status, physical description, health, education, etc. It is also important to determine whether the child may have Native American ancestry and whether notice to the tribe is required by the federal Indian Child Welfare Act.
• Once case is concluded, obtain copy of any orders entered.

Related Practice Alerts and Memos:

2-18-20 – PA20-CM-01 – Termination of Parental Rights Referral Form