Challenging the termination of parental rights

LIST Code: FA-14-01-01-00

LIST Code

FA-14-01-01-00

Title

Challenging the termination of parental rights

Definition

Legal issues related to objecting to or seeking to reverse the termination of a parent’s legal rights to their child, including cases where child protective services or a court terminated rights without one parent’s consent or participation. This issue covers situations where a parent challenges the legality or fairness of a termination of parental rights, such as when one parent consented to child removal or placement but the other parent did not, was not properly notified, or was not given an opportunity to participate in the process. It may involve allegations that required procedures were not followed or that the termination was based on incomplete or inaccurate information. It also includes understanding the legal standards and procedures for contesting termination decisions, including filing objections or appeals, requesting hearings, presenting evidence of parental fitness, and asserting due process rights. These cases are often time-sensitive and may involve strict deadlines, heightened legal standards, and long-term consequences for the parent-child relationship. Includes: - Challenging termination of parental rights by child protective services or a court - Lack of notice or consent by one parent - Contesting removals or placements made without full parental participation - Appeals or motions to reverse or vacate termination orders - Procedural and due process challenges in child welfare cases

Last updated on Jul 01 2022

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