Technical Assistance Partnership for Child and Family Mental Health

Technical Assistance Partnership for Child and Family Mental Health

Child Welfare Frequently Asked Questions

JUNE/JULY 2003

What is the purpose of a termination hearing, and when is it held?

The purpose of a termination hearing is to decide whether a parent's rights to her/his child should permanently end. Such termination includes all rights of a parent to make decisions for and about the child. If a parent's rights are terminated, the child can be placed in another permanent home, usually through adoption. If a child is in foster care or otherwise in the custody of a public agency, the Adoption and Safe Families Act sets out the legal parameters for a hearing. The act states that a termination hearing may be held if a child has been in foster care for 15 of the most recent 22 months. The timing for termination hearings can be a little confusing. The 15 months do not have to be consecutive. Even if a child is at home for a while and returns to foster care, the time spent at home is counted as part of the 15 months. Some states have a number of reasons for a termination hearing being held sooner or later than the prescribed time:

  • The state gives families less time.
  • A parent has abandoned a child.
  • A family that has been offered services does not make efforts to improve the conditions that brought the child into foster care.