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: