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Termination of Parental Rights Resource Guide
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Termination of Parental Rights
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NCSC Documents  Recent NCSC reports and publications and NCSC seminal works. Also includes Trends articles, Court Executive Development Programs (CEDP) papers, Court Technology Conference Presentations, Justice System Journal articles and NACM Achievement Awards.

Family InfoCenter  Additional CourTopics modules related to this topic.

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Online Publications and Resources

Adoption and Child Welfare Law Site . The National Center for Adoption Law and Policy at Capital University Law School. 

This searchable database provides state by state summaries of cases and statutes on issues related to adoption and termination of parental rights.

Termination of Parental Rights. Child Welfare Information Gateway, U.S. Department of Health and Human Services, Administration for Children and Families.  This web site provides guidelines with commentary for the termination of parental rights.

Synthesis of 2005 Court Improvement Program Reform and Activities. U.S. Department of Health & Human Services  (July 2007).  This report provides an update on State implementation of CIP, a program that continues to evolve as the major vehicle for dependency court reform. It is based on information contained in the fiscal year 2005 annual State program reports submitted to the Children’s Bureau, supplemented by discussions with CIP coordinators and other sources. Through these reports and discussions, it is clear that courts have used CIP funding in a variety of ways to improve their performance, practice, and involvement in child welfare reform.

Macomber, Jennifer Ehrle et al. Foster Care Adoption in the United States: A State-by-State Analysis of Barriers & Promising Approaches. Washington, DC: The Urban Institute (2004).  This report is intended to describe the complexities, progress and struggles that states are experiencing due to the 1997 Adoption and Safe Families Act. It provides examples of barriers and progress at the state and national level for policy makers, as well as providing opportunities for practitioners to learn from each other's mistakes and successes. The information for this report was gathered from states' Child and Family Services Reviews.

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State Related Resources

Child Welfare Handbook: Effect of Parental Rights Termination. New Mexico Judicial Education Center.  This Handbook provides guidelines and general explanations for the processes surrounding the termination of parental rights in New Mexico. 

Termination of Parental Rights . Sacramento County Public Law Library .  Library web page with information on Termination of Parental rights in California.  Includes the following language:  "Termination of parental rights IS NOT granted by the courts on request or by mutual agreement of the parents as a means of solving visitation or support disputes."

"House, Senate split on termination of parental rights." The VLW Blog (January 2008).  Virginia Lawyers Weekly blog on the failed proposal to allow appeals directly to Court of Appeals from the Juvenile and Domestic Relations Court in an effort to expedite dependency appeals.  HB 750 and SB 394

Szymanski, Linda A. Jury Trial in Termination of Parental Rights Cases. National Center for Juvenile Justice (2008).  This NCJJ Snapshot provides an overview of how states address the issue of jury trials in termination of parental rights cases.

Table of Appeals of Termination of Parental Rights Cases. Virginia Court Improvement Program, Office of the Executive Secretary, Supreme Court of Virginia (2008).  This table provides a list of termination of parental rights cases appealed to the Supreme Court of Virginia and the Court of Appeals of Virginia from January 1, 1996 through September 18, 2008 and decided by opinion. The editors of this document arranged the cases into fourteen categories based on their characterization of the legal and factual issues involved. 

Maryland CINA, related TPR and Adoption Matters. Best Practices Manual. Foster Care Improvement Project (February 2007).  This document provides standards for child welfare hearings for the Maryland courts.

Pierce, Martha "Making Appeals More Child Friendly." Utah State Bar Journal (April 2004).  This article reviews the process Iowa used to make changes in the appellate courts to expedite dependency appeals including a sign off procedure and discusses how Utah can apply a similar strategy. (pp 20-22) 

Weaver, Elizabeth A. Proposed Court Rule to Eliminate Appellate Court Delay in Termination of Parental Rights Case. Justice of the Michigan Supreme Court (June 2003).  In response to a parental rights case that was in the Michigan Appeals system for more than two years, a Justice of the Michigan Supreme Court created this proposal to impose time limits on delay in the Michigan Supreme Court of Appeals regarding termination of parental rights cases. The proposal states that such cases will not spend more than 35 weeks in the Michigan Court of Appeals and no more than 13 weeks in the Michigan Supreme Court.

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NCSC Library Materials

Smithburn, J. Eric. Evidentiary Issues in Termination of Parental Rights [CD-ROM]: An Interactive Simulated Trial. Reno, NV: National Council of Juvenile and Family Court Judges (2002).  The CD presents a simulated trial "In the matter of the termination of the parent-child relationship between a child and a set of parents."  The viewer can rule on the admissibility of evidence and related procedural issues while receiving feedback on the statutory and case authority.  (KF547.E93

Adoption and Permanency Guidelines: Improving Court Practice in Child Abuse and Neglect Cases. Reno, NV: National Council of Juvenile and Family Court Judges (2000).  These Adoption and Permanency Guidelines are the result of a three year effort to produce best practice recommendations for use in dependency cases involving abused and neglected children who cannot be reunited with their families. The guidelines serve as an adjunct to the NCJFCJ publication RESOURCE GUIDELINES: Improving Court Practice in Child Abuse & Neglect Cases, which covers the court process of placement and reunification for abused and neglected children. (KF9323. A93)

Final Report to Access the Court Handling of Child Abuse, Neglect, Foster Care and Termination of Parental Rights in the Anytown Juvenile and Domestic Relations District Court. Richmond, VA: Court Improvement Program, Foster Care and Adoption (2000).  This report addresses the impact of The Adoption and Safe Families Act of 1997 and associated changes to the Code of Virginia with regard to the court processing of child abuse and neglect, foster care, permanency planning and termination of parental rights cases in the Juvenile and Domestic Relations District Courts around the state.  (KFV2504.6 .F56)

Miller, Tobin L. Child Protective Proceedings Benchbook: A Guide to Abuse and Neglect Cases. Lansing, MI: Michigan Judicial Institute (1999).  This benchbook explains the procedures required in child protective proceedings, from reporting and investigating suspected child abuse and neglect, to required court hearings in the Family Division of the Circuit Court, to appellate procedure.  Required court procedures are covered in detail.  (KFM4304.6 .M55)

Hardin, Mark et al. State Court Assessments, 1995-1998: Dependency Proceedings: Timely Judicial Decision-making. Washington, DC: ABA Center on Children and the Law (1999).  The state's court systems assessed their court's performance in child abuse and neglect cases over a two year plan. After completing the assessment, each state court system was required to develop and implement an improvement plan.  This publication discusses dependency court processes that cause unnecessary delays in child abuse and neglect proceedings.  (KF9795 .H37)

The Vermont State Initiative on Protecting Abused and Neglected Children: A Plan to Achieve Permanence for Abused and Neglected Children in State Custody. Vermont: State Initiative on Protecting Abused and Neglected Children (1997).  The Vermont Supreme Court conducted an assessment of abuse and neglect proceedings in its state courts in order to improve the courts’ handling of child protection cases. This report details the committee’s findings and final recommendations.  (KFV104.6 .V47)

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Date Last Modified: 7/15/2009
Creation Date: 2004

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