Termination of Parental Rights
and Adoption: Where does the
GAL fit in?
The most important steps
to know in the TPR
process and how the GAL
plays a role
Termination of Parental Rights
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An example?
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In order to be freed for adoption,
a child’s legal relation to the
biological parent must be
severed
TPR as the Permanency Plan
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About 32 % of our cases go through TPR
Usually not ordered when family members
are placement
Most permanent plan
Takes the longest to achieve
Opening a TPR File
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New timeline starts- Ideal intervals, not always actual
DSS files a petition- what is alleged?
GAL has to be reappointed….new appointment order!
GAL served with petition for program and child
Date set for pre-trial
Timelines: JA vs. JT
Petition
is
Non-secure Adjudication/
Filed hearings Disposition
Review
Review
Review
Permanency
Planning
Review
Review
JA
7
7
30
30
90
90
90
30
(Days)
TPR
Petition
Filed
180
Pre-Trial
Conference
180
TPR
Hearing
JT
30
(Days)
60
Pre-Trial Hearings
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Usually held well in advance of
TPR
Address issues of jurisdiction and
service- you will be served!
Appoint attorneys for parents
GAL is not required to be there, no
report
Set a day for TPR hearing
Preparing for a TPR Hearing
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Interviews
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Therapist
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The child’s understanding of adoption?
In the child’s best interest?
Child
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Child
Foster parents
Observe visits
Do they want to be adopted?
Do they understand what adoption means?
Report
TPR Hearing- Important to Remember
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GAL needs to be at the hearing
GAL will likely testify
Court is only addressing one issue: TPR
Hearing could have several witnesses; be
more than one day
Child may want to be present
Documents from professionals are important
Pictures are fine to present to court
TPR Hearing: Two Parts
Part
One- Grounds for Termination
Circumstances That Are Grounds for
Termination
– Abandonment
– Abuse/neglect likelihood
– Mental illness or deficiency leading to
incapacity
– Failure of reasonable efforts
– Loss of rights of another child
– Failure to provide monetary support
– Failure to establish paternity
– Child in care 12 of 22 months
– Felony assault of child or sibling
Murder/Manslaughter of sibling child
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Circumstances That Are Not
Grounds for Termination
Felony conviction/incarceration
Sexual abuse
Failure to maintain contact
TPR Hearings: Two Parts
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Part Two- Best Interest of the Child
–
Child’s Wishes!
–
Age of the child
Likelihood of adoption
TPR will assist the permanent plan because
The bond between the child and the parent can be
characterized as follows
The bond between the child and the current caretaker can
be characterized as follows
Other relevant considerations
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In The Matter Of:
Child’s Name
DOB:
Birth date
Guardian: Your name
Attorney Advocate: Laura Bodenheimer
Court Date
Brief Summary of Case Status:
Persons interviewed and dates:
Current Concerns:
Child’s Wishes:
Considerations for the Court in Determining Whether Termination is in the Child’s Best Interest:
Age of the child:
Likelihood of adoption:
TPR will assist the permanent plan because:
The bond between the child and the parent can be characterized as follows:
The bond between the child and the current caretaker can be characterized as follows:.
Other relevant considerations include:
Recommendations to Protect and Promote the Best Interest of the Child:.
Respectfully Submitted,
Your Name
Guardian ad Litem
GAL Supervisor
Supervisor Title
File Number:
Juv. File #
The Appeal Process
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Parents have a limited time to appeal- 30 days
Appeals process has 180 day timeline
Can potentially be appealed to the NC
Supreme Court
Post-TPR: What Happens Now?
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Recruit for adoptive family if needed
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Adoption Committee
– DSS; GAL
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Post-TPR Reviews
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Paperwork
– We’ll get notice of filing and approval
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Clerk of Court approves adoptions
– Keep in touch with SW or adoptive family!
Important for the GAL to Consider
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Child’s approval
TPR into legal limbo
Siblings/relative relationships
Foster parents’ abilities
What Ifs….
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The child says….
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Do I have to change my name?
I don’t want to be adopted
Will I ever see my mom again?
Will I ever see my grandparents again?
The foster parents say…
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Am I going to get money when I adopt?
I don’t really think we can adopt her
What if this doesn’t work out when she’s older?
Should we keep in contact with the birth parents?
Wrap Up
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Make sure you understand the TPR process
Make sure the child understands
Consider other permanency options
Consider all information before
recommendation of change in plan
Help others understand the process
Questions and Comments