| A Termination of Parental Rights (TPR) is a legal | | | | parental home under court order for six months |
| action that terminates all of a parents rights to | | | | unless the parent has maintained regular contact |
| make decisions for a child or to care for that child. | | | | with the child and the parent is complying with the |
| A Termination of Parental Rights may be | | | | out-of-home placement plan; |
| voluntary or involuntary. All too often parents are | | | | 9. - the court has approved the out-of-home |
| pressured into relinquishing their rights based on | | | | placement plan required under section 260C.212 |
| allegations of abuse, neglect or abandonment. The | | | | and filed with the court under section 260C.178; |
| consequences are significant and long lasting. A | | | | 10. - conditions leading to the out-of-home |
| parent should never enter into such proceedings | | | | placement have not been corrected. It is |
| unrepresented. The result is often final. | | | | presumed that conditions leading to a child's |
| Under Minnesota Statutes, a juvenile court may, | | | | out-of-home placement have not been corrected |
| upon petition, terminate ALL rights of a parent to | | | | upon a showing that the parent or parents have |
| a child. It may do so: | | | | not substantially complied with the court's orders |
| 1. with the written consent of a parent who for | | | | and a reasonable case plan; and |
| good cause desires to terminate parental rights | | | | 11. - reasonable efforts have been made by the |
| (Note: wishing to avoid a child support obligation is | | | | social services agency to rehabilitate theparent |
| not "good cause); | | | | and reunite the family It should be noted that that |
| 2. if it finds that one or more of the following | | | | parental right may be terminated prior to one |
| conditions exist: | | | | year, or in the case of a child under age eight, |
| 3. - that the parent has abandoned the child; | | | | prior to six months after a child has been placed |
| 4. - that the parent has substantially, continuously, | | | | out of the home. |
| or repeatedly refused or neglected to comply | | | | It is also presumed that reasonable efforts have |
| with the duties imposed upon that parent by the | | | | failed under this clause upon a showing that: |
| parent and child relationship, including but not | | | | 12. - the parent has been diagnosed as chemically |
| limited to providing the child with necessary food, | | | | dependent by a professional certified to make the |
| clothing, shelter, education, and other care and | | | | diagnosis; |
| control necessary for the child's physical, mental, | | | | 13. - the parent has been required by a case plan |
| or emotional health and development, if the | | | | to participate in a chemical dependency treatment |
| parent is physically and financially able, and either | | | | program; |
| reasonable efforts by the social services agency | | | | 14. - the treatment programs offered to the |
| have failed to correct the conditions that formed | | | | parent were culturally, linguistically, and clinically |
| the basis of the petition or reasonable efforts | | | | appropriate; |
| would be futile and therefore unreasonable; | | | | 15. - the parent has either failed two or more |
| 5. - that a parent has been ordered to contribute | | | | times to successfully complete a treatment |
| to the support of the child or financially aid in the | | | | program or has refused at two or more separate |
| child's birth and has continuously failed to do so | | | | meetings with a caseworker to participate in a |
| without good cause. This clause shall not be | | | | treatment program; and |
| construed to state a grounds for termination of | | | | 16. - the parent continues to abuse chemicals. |
| parental rights of a noncustodial parent if that | | | | 17. that a child has experienced egregious harm in |
| parent has not been ordered to or cannot | | | | the parent's care which is of a nature, duration, or |
| financially contribute to the support of the child or | | | | chronicity that indicates a lack of regard for the |
| aid in the child's birth; | | | | child's well-being, such that a reasonable person |
| 6. - that a parent is palpably unfit to be a party to | | | | would believe it contrary to the best interest of |
| the parent and child relationship because of a | | | | the child or of any child to being in the parent's |
| consistent pattern of specific conduct before the | | | | care; |
| child or of specific conditions directly relating tothe | | | | 18. that in the case of a child born to a mother |
| parent and child relationship either of which are | | | | who was not married to the child's father when |
| determined by the court to be of a duration or | | | | the child was conceived nor when the child was |
| nature that renders the parent unable, for the | | | | born the person is not entitled to notice of an |
| reasonably foreseeable future, to care | | | | adoption hearing under section 259.49 and the |
| appropriately for the ongoing physical, mental, or | | | | person has not registered with the fathers' |
| emotional needs of the child. It is presumed that a | | | | adoption registry under section 259.52; |
| parent is palpably unfit to be a party to the | | | | 19. that the child is neglected and in foster care; |
| parent and child relationship upon a showing that | | | | or |
| the parent's parental rights to one or more other | | | | 20. that the parent has been convicted of a crime |
| children were involuntarily terminated or that the | | | | listed in section 260.012, paragraph b,clauses (1) to |
| parent's custodial rights to another child have been | | | | (3). |
| involuntarily transferred to a relative under section | | | | In an action involving an American Indian child, |
| 260C.201, Subd 11, paragraph (e), clause (1), or a | | | | sections 260.751 to 260.835 and the Indian Child |
| similar law of another jurisdiction; | | | | Welfare Act, United States Code, title 25, sections |
| 7. - that following the child's placement out of the | | | | 1901 to 1923, control to the extent that the |
| home, reasonable efforts, under the direction of | | | | provisions of this section are inconsistent with |
| the court, have failed to correct the conditions | | | | those laws. |
| leading to the child's placement. It is presumed | | | | A termination of parental rights requires a high |
| that reasonable efforts under this clause have | | | | standard of proof and must be proven by clear |
| failed upon a showing that: | | | | and convincing evidence. Any person with |
| 8. - (i) a child has resided out of the parental | | | | knowledge of the circumstances may seek to |
| home under court order for a cumulative period | | | | terminate parental rights. The end result of a |
| of 12 months within the preceding 22 months. In | | | | termination is that the all rights of the parent may |
| the case of a child under age eight at the time | | | | be terminated but it does not extinguish that |
| the petition was filed alleging the child to be in | | | | parents responsibility to pay any past balance for |
| need of protection or services, the presumption | | | | child support. |
| arises when the child has resided out of the | | | | |