February 2006

Can termination of parental rights be reversed?

In most states, there is no provision for revoking or reversing the termination of parental rights (TPR) except under certain circumstances such as fraud, duress, or coercion. Since termination is a legal issue decided by the court, the parent may want to consult with and possibly retain an attorney who specializes in family law matters in your state to review the court action to terminate your parental rights. If you need assistance in finding and/or paying for an attorney, the American Bar Association provides a lawyer referral service at http://www.abanet.org/legalservices/lris/home/.htm (click on the Directory of Local Programs) and pro bono attorney referrals at http://www.abanet.org/legalservices/probono/home.html.

If you believe that your rights may have been violated in the termination of parental rights case against you, you may ask if the agency has an appeal procedure or an ombudsman. Some agencies have ombudsmen to help their clients resolve differences with the agency. The names of these offices vary and may include Ombudsman, Ombuds Specialist, or the Child Welfare Complaints Office. Each state has a federally funded State Liaison Officer that can assist in clarifying state law and policy on this issue.

For more information, see:

http://www.childwelfare.gov/systemwide/courts/processes/termination.cfm