Technical Assistance Partnership for Child and Family Mental Health

Technical Assistance Partnership for Child and Family Mental Health

Child Welfare Frequently Asked Questions

September 2003

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

The purpose of the termination hearing is to decide whether all of a parent's rights should end, for example, the right to make decisions about a child and the right to visit a child in foster care. If a parent's rights are terminated, the child can be placed in another permanent home, usually through adoption.

The federal Adoption and Safe Families Act says that a termination hearing may be held after a child has been in foster care for 15 of the most recent 22 months. In some states, a termination hearing may be held sooner for several reasons:

  • If the state gives families less time
  • If a parent has abandoned a child
  • If a family, who is offered services, does not make efforts to improve the situation that brought the child into care

The timing for termination hearings is a little complicated. 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 at home is counted as part of the 22-month period.

In certain situations, such as those listed below, federal law requires that the child welfare agency begin proceedings to terminate   parental rights:

  • A child has been in foster care for 15 of the most recent 22 months
  • A court has determined that a child is an abandoned infant
  • A court has determined that a parent has murdered, seriously injured, or attempted to murder another one of his or her children

It is important to note that state child welfare agencies have the option not to pursue termination of parental rights under the following three conditions : .

  • A child is being cared for by a relative (and the state has decided this is an acceptable plan for the child).
  • There is a compelling reason that terminating parental rights would not be in the best interest of the child. This might be when   a parent is   making progress, and it is likely that the child can return home soon, even though   she already has been in care 15 of the most recent 22 months.
  • The state has not provided the child and family with the services needed to help the child return home safely .