| Termination of Parental Rights in Minnesota | | | | with another family member when removing the |
| | | | | child from a home. But merely being a family |
| By Minnesota Family Law Attorneys | | | | member of the child is not enough. Factors that |
| | | | | the court may consider include, the length of time |
| | | | | the family member has been involved in the |
| When determining whether to terminate a | | | | child’s life, the extent of any such |
| parent’s rights to his or her child, the court | | | | involvement, the mental fitness of the family |
| looks to the “child’s best interests.” | | | | member, etc. |
| The judge must look at each child as an individual | | | | |
| and cannot merely assume that a parent’s | | | | Regarding the social service agency’s efforts, |
| prior conduct will automatically justify termination, | | | | they must genuinely seek to help the family |
| even if that conduct resulted in termination of | | | | reunify. This means that the agency cannot |
| rights regarding a different child. | | | | view as its mission, to separate the family. The |
| | | | | courts may look to the following factors in |
| When courts look to permanently remove a child | | | | determining whether the agency’s efforts |
| from a home, it must look to certain factors | | | | were reasonable: 1. whether the services were |
| under the law, including: 1. how the child’s best | | | | relevant to the safety and protection of the child; |
| interests are served; 2. the nature and extent of | | | | 2. whether they were adequate; 3. culturally |
| the social service agency’s reasonable efforts | | | | appropriate; 4. available and accessible; 5. |
| to reunify the child with the parent; 3. the | | | | consistent and timely; and 6. realistic under the |
| parent’s efforts and ability to use services to | | | | circumstances. |
| correct the conditions which led to the | | | | |
| out-of-home placement; and 4. that the conditions | | | | Termination of parental rights is obviously a very |
| which led to the out-of-home placement have not | | | | serious matter and if you are involved in such a |
| been corrected so that the child can safely return | | | | dispute and are facing the possibility that your |
| home. Minnesota statute, section 260C.201 | | | | child may be removed from your home against |
| addresses these issues. Therefore, if you are | | | | your will, you need good legal advice and |
| fighting to keep you child, you case must address | | | | representation. |
| these factors. | | | | |
| | | | | Contact the family law attorneys at Cundy and |
| It is not uncommon for a judge to place a child | | | | Martin, LLC, for help. |