In Pennsylvania, a court can involuntarily terminate a parent’s rights under certain conditions. This usually occurs after the other parent, Children and Youth Services, or another authorized agency files a petition. A parent’s rights may be ended if they abandon the child or fail to maintain contact for a specific period. Termination can also occur when a parent continually abuses or neglects the child, or suffers from ongoing incapacity such as substance abuse.
The court may intervene if the child has been in agency care or has been removed from the home for a specified period. Termination may also apply if the father conceived the child through rape or incest, or if a parent committed serious crimes against the child or another minor.
Legal Grounds and Procedures for Termination of Parental Rights
In choosing whether to terminate a parent’s parental rights, the Court’s primary consideration is the well-being of the child(ren) involved, including the child(ren)’s developmental, emotional, and physical needs. A parent’s rights won’t be terminated simply because they lack adequate income, housing, furnishings, clothing, or medical care if the lack thereof is beyond the parent’s control (e.g., the parent lives in poverty and is unable to rectify these issues).
The parent whose rights would be terminated will be notified and have a chance to respond to the Petition to terminate their rights. Even if the parents’ whereabouts are unknown, in most cases, they will at least have the opportunity to learn of the Petition in a publication, as the other parent or agency will publish a notice regarding the Petition and the scheduled hearing date.
Often, in cases where a parent seeks to terminate the other parent’s rights, the Court will not terminate the other parent’s rights unless a stepparent is willing to adopt the child(ren). In cases initiated by an agency, or in cases involving rape or serious criminal charges, the Court may terminate the other parent’s rights without requiring that a stepparent or other individual simultaneously step up to adopt the child.
If you have questions about the involuntary termination of parental rights, call (717) 731-8114 or contact us online to schedule a consultation with one of our attorneys.