Also known as: terminate parental rights · terminating parental rights · terminated parental rights · TPR
Written by attorneys · grounded in primary & secondary sources — see below
A legal process by which a court permanently severs the rights, privileges, and responsibilities of a parent with respect to a child. The severance frees the child for adoption by another person or persons. Due process requires that the state prove its case by clear and convincing evidence before termination may occur.
Tiffany Torres gave birth to a child and placed the infant for adoption. The genetic father never registered with the state paternity registry before or within thirty days after the birth. Because he failed to register, the adoption proceeding moved forward without notice to him and his parental rights were terminated by operation of the statutory scheme.
Tori Taylor's children were removed after repeated findings of severe neglect. At the termination hearing the agency presented testimony and records showing ongoing harm and the failure of all reunification services. The court terminated her rights only after determining that the evidence satisfied the clear and convincing standard required by due process.
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Theo Thomas sought to prevent termination by arguing that the agency's decision was tainted by improper considerations. Once he produced evidence that an illegitimate motive played a role, the burden shifted to the agency to prove it would have sought termination regardless. The court applied the same burden-shifting framework used in other civil rights contexts to decide whether termination could proceed.
Timothy Tang's parental rights were terminated after a lengthy hearing. He wished to appeal but could not afford the transcript costs required by state rule. Because the appeal would be meaningless without the record, the state's refusal to waive the fee effectively barred access to review of the termination order.
Tyrone Tran faced termination proceedings after allegations of chronic substance abuse and failure to comply with a case plan. The court instructed the fact-finder that the state must prove its case by clear and convincing evidence because the interest at stake was more substantial than ordinary civil litigation.
Tara Tran could not afford an attorney in the termination proceeding brought by the department. The court declined to appoint counsel, noting that due process does not categorically require representation in every parental-rights termination case even though the stakes are high.
Due process requires the state to prove its allegations by clear and convincing evidence. A preponderance standard is constitutionally insufficient when the state seeks to sever the parent-child relationship.
The Due Process Clause does not mandate appointed counsel in every termination case. Many states nevertheless provide counsel by statute or court rule even though the federal constitution does not require it.
No. When an indigent parent seeks appellate review of a termination judgment, the state must waive transcript fees if those costs would effectively bar the appeal. Termination implicates a fundamental interest, so conditioning review on ability to pay violates due process and equal protection.
Under the Uniform Parentage Act a man who wishes notice must register in the state paternity registry before the child's birth or within thirty days afterward. Failure to register generally eliminates any right to notice unless an exception applies.
…in deportation proceedings, in denaturalization proceedings, in civil commitment proceedings, and in proceedings for the termination of parental rights. Further, this level of proof, "or an even higher one, has traditionally been imposed in cases involving allegations of civil fraud, and in a variety of other kinds of civil cases involving…