![]()
Trends in Termination of Parental Rights
& Suspended Judgments
Presented by Margaret Burt
NYS Citizens' Coalition for Children, Inc.
13th Annual Statewide Adoption Training Conference
Adoption 2002: Linking Promises to Possibilities
May 10, 2002 Albany New York
Diligent efforts for missing parents requires the caseworker to document looking for them diligently. When a child is in foster care, both parents must have a service plan that the caseworker is working on diligently. For a missing parent, the service plan might be for the caseworker to "identify" or "locate" parent. If the parent is located, the agency caseworker must provide them services and visits. If the parent is not located and the child's goal is changed to adoption, there may be an abandonment TPR and a diligent search will have to be documented for the service of the petition. This diligent search for serving the petition will be that much simpler due to the caseworker having been looking for the parent.Diligent efforts for incarcerated parent requires the caseworker to:
- Find out what appropriate services available at the prison - assist in obtaining them
- Contact by caseworker regarding service plans
- Contact by the caseworker about child's status
- Visits - get detailed court order and if and how jail visits/contact will occur
- Tell parent that it is important that non foster placement resources for child are found
- Look for and evaluate non foster placements resources for the child, give parent info
- Advise that foster care is not a viable plan where parent incarceration long-term
- Consider if a "no reasonable efforts motion" might be appropriate
- Remember "2 letter" rule - if incarcerated parent fails to respond more than once, caseworker need not continue to attempt efforts
Failure to provide these diligent efforts for parents who are missing or incarcerated may mean a child can not be freed for adoption in a situation in which that is what is in the child's best interests!
Margaret A. Burt
ATTORNEY AT LAW
63 CALLINGHAM ROAD PITTSFORD, NEW YORK 14534
TEL: (585) 385-4252 FAX: (585) 385-7717
5/2202