Termination of Parental Rights and the
Developmentally Delayed Parent
Hillary S. Kambour, Esq.
What is Unique?
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Rarely abuse, usually neglect cases
Often loving relationship with the children
Parent is often very sympathetic
Relatives
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If there is an appropriate relative who is
willing to care for parent AND child, there is
no basis for termination
If there is an appropriate relative who wants
to adopt, then termination is the correct goal
Ensure Services
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Proper diagnosis
Services designed to address problem
Read evaluations for recommendations
Section 39.806(1)(c)
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Parent continues to engage in conduct that
threatens the life, safety, well-being, or
physical, mental, or emotional health of the
child, irrespective of services
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Services provided
Threat continues
Futility of further services
No need for adjudication of dependency
Section 39.806(1)(e)
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Adjudication of Dependency
Case plan with Appropriate Services
Failure to Substantially Comply (i.e., Remedy
the Circumstances)
Expert Testimony
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Before and After Psychological Evaluations
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Detailed testimony re: danger parent poses
Provider Testimony
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Treating Provider and/or Therapist
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Treatment plans and progress reports
GAL Testimony
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Before and After Testimony
Prepare GAL for feelings of sympathy
Talk to Parent
Competency
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Determine early if there are competency issues
If parent cannot “assist” defense attorney no
Attorney ad Litem or Guardian Attorney appointed
See, S.K v. Dep’t of Children and Families, 959
So.2d 1209 (Fla. 4th DCA 2007)
An incompetent parent can have parental rights
terminated
No surrenders