Termination of parental rights is a serious outcome in a DFPS case. Following termination, the parent and child no longer have a legal relationship. Conversely, terminating parental rights is a prerequisite to adoption, and it makes more permanency outcomes available to the child.
Whether termination is voluntary or involuntary, it is weighed seriously for each parent and child. In general, if DFPS pursues termination, it does so for both parents.
In rare circumstances, DFPS may determine that it is appropriate to terminate only one parent’s rights because that parent is such a danger to the child’s health and safety that the parent’s legal avenues to the child must be closed. DFPS consults with the attorney representing DFPS before making such a determination.
In assessing best interest, caseworkers always bear in mind the emotional effect that termination may have on a child.
DFPS staff must be able to testify to any and all reasonable efforts made to return the child home before the start of the trial to terminate a parent’s rights. Before DFPS asks the court to terminate parental rights, the child’s caseworker must confer with all of the following:
- The supervisor and program director.
- The county or district attorney or other attorney representing DFPS in the case.
- The regional attorney, when necessary to resolve special questions.
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