ABCs of TPRs
Presented by Margaret Burt

NYS Citizens' Coalition for Children, Inc.
17th Annual Statewide Adoption Training Conference
Adoption 2006: There's No Place like Home
May 12-13, 2006 • Albany New York

GROUNDS FOR SSL 384-b TERMINATION OF PARENTAL RIGHTS
By Margaret A. Burt, Esq.

PROOF MUST BE “CLEAR AND CONVINCING” 

ABANDONMENT

• child must be in foster care or Article 10 court ordered direct care for more than 6 months
• in the most recent 6 months there was no meaningful visitation or communication with child or agency or foster parent/ care provider
• parent was physically and financially able - presumed unless proof otherwise
• agency did not discourage or prevent contact - this can include parent who was court ordered to have no contact with child
• agency need not prove diligent efforts or attempts to contact parent

PERMANENT NEGLECT

• child must be in foster care or Article 10 court ordered direct care for more than 12 months, even if there has not been an Article 10 disposition in place for 12 months
• during any particular 1 year continuous period, parent either failed to maintain contact with the child or failed to plan for the future of the child by failing to resolve the issues that resulted in the child being placed in and staying in care
• parent was physically and financially able to have contact and plan
• the agency did not discourage or prevent the parent from visiting or planning
• the agency offered diligent efforts to the parent to provide reunification consisting of visitation, services designed to assist the specific problems, transportation to visitation and services, planning with the parent, and information regarding the child’s progress
• the diligent efforts may be excused if
  • the court previously issued a “no reasonable efforts order” or
  • the efforts to reunite would have been detrimental to the child or
  • the parent was incarcerated and failed to respond on more than one occasion or
  • the parent failed for more than 6 months to keep the agency advised of address

MENTAL ILLNESS OR MENTAL RETARDATION

• child must be in foster care or Article 10 court ordered direct placement for more than 12 months
• parent is presently mentally  ill or mentally retarded to the extent that they can not safely care for the child now and in the foreseeable future
• expert witness must be appointed, attempt to examine parent and must testify

SEVERE ABUSE OR REPEATED ABUSE

• child must be in foster care or Article 10 court ordered direct placement for more than 12 months OR no time requirement if there was a “NRE” (no reasonable efforts) finding
• child was severely abused as found in Article 10 or as described in statute regarding criminal convictions or
• two family court adjudications of child abuse against parent in 5 years
• diligent efforts by agency as described above in permanent neglect with same four exceptions available such as a “NRE” finding

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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • FAX 607-272-0035
office@nysccc.org
06/21/06