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Termination of Parental Rights and the Developmentally Delayed Parent

Termination of Parental Rights and the Developmentally Delayed Parent. Hillary S. Kambour, Esq. What is Unique?. Rarely abuse, usually neglect cases Often loving relationship with the children Parent is often very sympathetic. Relatives.

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Termination of Parental Rights and the Developmentally Delayed Parent

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  1. Termination of Parental Rights and the Developmentally Delayed Parent Hillary S. Kambour, Esq.

  2. What is Unique? • Rarely abuse, usually neglect cases • Often loving relationship with the children • Parent is often very sympathetic

  3. Relatives • If there is an appropriate relative who is willing to care for parent AND child, there is no basis for termination • If there is an appropriate relative who wants to adopt, then termination is the correct goal

  4. Ensure Services • Proper diagnosis • Services designed to address problem • Read evaluations for recommendations

  5. Section 39.806(1)(c) • Parent continues to engage in conduct that threatens the life, safety, well-being, or physical, mental, or emotional health of the child, irrespective of services • Services provided • Threat continues • Futility of further services • No need for adjudication of dependency

  6. Section 39.806(1)(e) • Adjudication of Dependency • Case plan with Appropriate Services • Failure to Substantially Comply (i.e., Remedy the Circumstances)

  7. Expert Testimony • Before and After Psychological Evaluations • Detailed testimony re: danger parent poses

  8. Provider Testimony • Treating Provider and/or Therapist • Treatment plans and progress reports

  9. GAL Testimony • Before and After Testimony • Prepare GAL for feelings of sympathy • Talk to Parent

  10. Competency • Determine early if there are competency issues • If parent cannot “assist” defense attorney no Attorney ad Litem or Guardian Attorney appointed See, S.K v. Dep’t of Children and Families, 959 So.2d 1209 (Fla. 4th DCA 2007) • An incompetent parent can have parental rights terminated • No surrenders

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