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The differences in state laws re: tpr was brought up in another thread & I thought I'd start one so that we can try to compare them somewhat.In OK, out law is [URL="http://www.oscn.net/applications/oscn/deliverdocument.asp?id=64540&hits=3209+3197+3164+2449+2221+1897+1195+1183+1150+463+24 3+"]here[/URL]. It actually makes it relatively easy to have a legal basis to seek tpr. However, getting the judge or jury to agree that the evidence meets the burden can sometime be tricky, depending on the situation.You can terminate on an incarcerated individual, absent any other factors, if they [FONT=ARIAL][FONT=ARIAL][FONT=Arial]failed to "maintain a substantial and positive relationship with a minor for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing". Basically this means they haven't had regular contact with the child. Note it also has to be a "positive [/FONT][/FONT][/FONT]relationship". So, it's not terribly difficult to get the ruling...the difficulty comes in when the child is a foster child & getting DHS to agree that tpr should happen. If they are incarcerated for years, they might be willing to do it. If it's under 2 years, they tend to be reluctant. It's also interesting to note that, in OK, parents in the system can no longer work their ISP while incarcerated. So, if permanency is delayed until release, then they start working the ISP, the kids can stay in the system for a long time. That's not the law's fault, so much as an internal policy with DHS, though.I think the most problematic can be when the parent is incompetent because it has to be certified that "The mental illness or mental deficiency of the parent is such that it will not respond to treatment, therapy or medication and, based upon competent medical opinion, the condition will not substantially improve." It is next to impossible to get the medical professionals to say "never" &, without that, you can't get tpr. I know of a few kids that will age out of foster care because the parents are incompetent to consent, the medical professionals say they will never be competent to parent, but say they can't give the prognosis that the condition will never substantially improve with treatment. Also, unmarried father's get basically no rights in OK, if the mother wants to place the child.
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[url=http://www.practicenotes.org/vol6_no1/grounds_for_tpr_nc.htm]Grounds for TPR[/url]
Previous abuse/neglect with little improvement in the parent's ability to care for the child and the probability of a repetition of abuse/neglect if the child is returned home.
Willfully leaving a child in foster care for more than 12 months without the parents making "reasonable progress under the circumstances" to correct conditions that led to the removal of the child.
Failure of a parent for a continuous period of six months immediately prior to filing of TPR petition to pay a reasonable portion of the cost of foster care although physically and financially able to do so.
Failure of a father of a child born out of wedlock prior to filing of TPR petition to (1) establish paternity, (2) legitimate the child, (3) marry the mother of the child or (4) provide substantial financial support or consistent care for mother and child.
Inability of a parent as a result of mental retardation, mental illness, organic brain syndrome, or substance abuse to provide proper care and supervision for a child and a reasonable probability that this inability will continue for the foreseeable future.
Willful abandonment of a child by a parent for at least 6 consecutive months.
The parent has murdered, attempted or conspired to murder, or committed a felony assault that results in serious bodily injury on another child of the parent or other child residing in the home.
The parental rights of a parent to another child have been terminated by a court and the parent lacks the ability or willingness to establish a safe home.
Best Interest Issues
Once grounds for termination exist, court must still find that termination is in the child's best interest.
Parental love alone does not preclude a finding of best interest. Child's best interest prevails over parent's desire to retain relationship.
Does either parent have a substantial relationship with the child? Could the family make enough progress in the near future so that the child could be returned home?
Is placement with relatives an appropriate alternative permanent plan for the child?
What is the adoption plan?
The much longer, legal version can be found here:
[url]http://www.nccourts.org/Citizens/Gal/Documents/Manual/chapter04.pdf[/url]
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controllnmychaos
Willfully leaving a child in foster care for more than 12 months without the parents making "reasonable progress under the circumstances" to correct conditions that led to the removal of the child.Failure of a parent for a continuous period of six months immediately prior to filing of TPR petition to pay a reasonable portion of the cost of foster care although physically and financially able to do so.[URL="http://www.nccourts.org/Citizens/Gal/Documents/Manual/chapter04.pdf"][/URL]
NDN
Can you give any context to how these two are actually applied, generally speaking? I know some places are far stricter with their idea of "reasonable". For instance, in my daughter's case, her mother had done absolutely nothing but came to pre-trial for tpr & said she had gotten a job (but hadn't actually worked a single shift yet) & that was "reasonable" enough to withdraw tpr. :eek:
We have a requirement for child support while they're in foster care, as well...but can only be used as a grounds for tpr if the court has made a child support order...and they rarely do that (which never ceases to irritate me).