Parental Substance Abuse : Termination of Parental Rights

by Child Welfare Information Gateway

(Page 4 of 10)

In most cases when reasonable efforts and realistic time frames have not succeeded in enabling a substance-abusing parent to function as an adequate caretaker for a child, a petition should be filed for termination of parental rights. Terminating parental rights is the most serious decision made in any juvenile proceeding. It usually results in completely severing all ties between the birth parents and their child. Only after termination proceedings are completed can a child be released for adoption. Not only do the birth parents lose custody forever, but unless adoptive parents choose to maintain a relationship, birth parents also forfeit the right to correspond, visit, or have any communication with the child.

The most common grounds for termination of parental rights in cases involving parental substance abuse are abandonment, willful nonsupport, severe or chronic physical abuse or neglect, chronic parental mental or physical illness rendering the parent incapable of caring for the child, willfully leaving the child in foster care for an extended period of time without responding to reasonable efforts for reunification, and severe alcohol or drug dependency that endangers the child's welfare.

With regard to termination of parental rights, there are several special considerations that arise in cases involving chemically dependent parents:

Jurisdiction. Jurisdiction is the legal power to act. Filing a petition within the county where the child resides initiates termination proceedings and establishes personal jurisdiction over the child. A summons with a copy of the petition must be served on the parents, wherever they reside, and, in some States, on older children, as well. This process can be complicated when a substance-abusing parent does not have a permanent or known address. However, the agency can provide proof that diligent efforts were made to serve the parent at the last known address and/or by publication.

Parental Notice. The parent has the right to receive notice of the hearing and contest the petition by filing an answer or appearing in court. The substance-abusing parent may have special needs regarding notice. Because the parent may be disoriented when under the influence of drugs or alcohol or may have residual mental impairment even when sober, child welfare caseworkers should make special efforts to ensure that the parent is aware that termination of parental rights is pending. These special efforts may include visiting the parents and reading them the legal notice as well as explaining the implications of termination and encouraging the parents to request legal representation. Additionally, it may be helpful to discuss termination with parents in the presence of another, sober family member.

Burden of Proof. Evidence of the harmful effects of parental substance abuse on the child must be presented to support the petition to terminate parental rights. Clear, cogent, and convincing evidence must be presented to meet the heavier burden of proof in termination cases. This burden can be met by submitting in court accurate records of the assistance offered by staff of social service agencies, health care providers, day care centers, schools, substance abuse treatment programs, and mental health agencies. Records of parents who have attended drug or alcohol treatment programs receiving Federal funds can be obtained through a specific court order from the juvenile court judge. The order will specify the need for the confidential use of these records in determining disposition in cases of termination of parental rights.

Insufficient evidence (such as parental alcoholism or drug addiction with nothing more or a poor record of service delivery) impedes the termination procedure and may indicate the need to redouble efforts at reunification.

Child's Interest. In some States, an adoptive home must be located before termination of parental rights; in other States, the first order of business following termination is to begin looking for an appropriate adoptive placement. Finding an adoptive placement for the special needs substance-exposed child is a challenge all professionals need to bear in mind from the time a case is opened.

Appeal. Any party to a termination proceeding may appeal a termination decision within the number of days allowed by statute. Pending the appeal, a child can be placed in the proposed adoptive placement to minimize the emotional trauma that children experience related to multiple placements and caregivers. Continuity of placement and caregiver attachment is important for all children. Every effort should be made to limit the possible number of moves the child must make and the length of stay in temporary care.

Permanent Placement

Seeking termination of parental rights is the natural and legal outcome of parental failure to respond to reunification and treatment services.

When a child is permanently removed from the custody of a substance-abusing parent, there are several permanent placement options. These include adoption, legal guardianship, and long-term foster care. Consideration should be made to locate this permanent placement within the child's own racial, ethnic, and religious group. The object of permanency planning is to select the option that maximizes the child's opportunities for healthy social, emotional, and cognitive development. Although children from substance-abusing families may pose special obstacles, nevertheless attempts should be made to place all permanently removed children, including prenatally substance-exposed infants, in settings that can accommodate their emotional and physical needs and that are respectful of their cultural backgrounds.

About the Author

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Formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse, Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families. A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.