NJ Rules Regarding Parental Rights Termination

February 14, 2012

There is a four-prong test that lawyers for DYFS must make sure are followed before parental rights are terminated. The judge rules on that four-pronged law.

Here is some background:

[url=http://library.adoption.com/articles/grounds-for-termination-of-parental-rights-new-jersey.html]Grounds for Termination of Parental Rights New Jersey[/url]

Here is some more information:

N.J. Stat. Ann. 30:4C-15.1(a), (b) (West, WESTLAW through 2000 ch. 179)

The Division shall initiate a petition to terminate parental rights on the grounds of the 'best interests of the child' if the following standards are met:

1. The child's safety, health or development has been or will continue to be endangered by the parental relationship;

2. The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his foster parents would cause serious and enduring emotional or psychological harm to the child;

3. The Division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and

4. Termination of parental rights will not do more harm than good.

The Division shall initiate a petition to terminate parental rights on the ground that the 'parent has abandoned the child' if the following standards are met:

A court finds that for a period of 6 or more months:the parent, although able to have contact, has had no contact with the child, the child's foster parent or the Division; and the parent's whereabouts are unknown, notwithstanding the Division's reasonable efforts to locate the parent; or

Where the identities of the parents are unknown and the Division has exhausted all reasonable methods of attempting identification, the Division may immediately file for termination of parental rights upon the completion of the law enforcement investigation; or

Where the parent voluntarily delivered the child to and left the child at, or voluntarily arranged for another person to deliver the child to and leave the child at a State, county, or municipal police station or at an emergency department of a licensed general hospital in the State when the child is or appears to be no more than 30 days old, without expressing an intent to return for the child.