Payments may not be made for any months in which there is no adoption assistance agreement in place. (10) The family must be advised by the adoption case manager that it is their responsibility to notify the Department or CBC of any change in circumstances, including moving out of state, no later than 48 hours after the change. (11) The adoption subsidy agreement remains in effect until: (a) The child dies. (b) The child reaches 18 years of age or is emancipated. (c) The parents are no longer legally responsible for the support of the child, including the death of a parent when the adoption is by a single parent or both parents when the adoption is by a married couple, or the parental rights of the adoptive parents have been terminated. (d) The parents are no longer providing any support to the child.
A new subsidy agreement must be signed by all parties with the new approved amount documented. (13) No child will have his or her subsidy payment reduced based on application of this rule. (14) Any child who has been determined eligible for adoption subsidy whose adoption has been dissolved by termination of parental rights or by the death of the adoptive parents will retain his or her original subsidy eligibility if subsequently placed for adoption. (15) No change shall be made to a maintenance subsidy without concurrence of the adoptive parents except as provided by federal regulation or state law.
The law limits the amount of time a child may stay in foster care by establishing shorter timelines for determining when she or he must have a plan for permanency. The law states that permanency court hearings must be held for children no later than 12 months after they enter foster care and the law also states that termination of parental rights proceedings must begin for any child who has been in the care of a state agency for 15 out of the most recent 22 months. Exceptions may be made to this requirement if the child is in the care of a relative or for other compelling reasons.
This is a legal process involving a court hearing during which a judge issues a decree that permanently ends all legal parental rights of a birth parent to a child. This must occur before a child is considered to be legally free for adoption. Termination of parental rights can be voluntary or involuntary, that is, with or without the birthparents' agreement. In some states, there is a period during which the birthparent may appeal, if rights have been terminated without his or her consent. The length of that period varies from state to state.
Provides an overview of State laws that provide the legal basis for terminating the rights of parents who have been found unfit to parent their children. The circumstances under which the court may find that termination may not serve the child's best interests and under which a parent's rights may be reinstated also are addressed. Summaries of laws for all States and U.S. territories are included.
States are affirmatively required to proceed with the termination of parental rights when a child has been in foster care for 15 of the most recent 22 months. There are only three exceptions:
States have an incentive to limit the time period of foster care placements due to government subsidies tied to how long a child can be in foster care. These financial incentives can lead to quicker termination of a biological parent’s rights. The Adoption and Safe Families Act (“ASFA”) (passed in November of 1997) is legislation that will make it easier to terminate parental rights. The stated purpose, however—giving foster children “what should be their fundamental right—a chance at a decent, safe, and permanent home.”
Suggested Citation: Child Welfare Information Gateway. (2017). Grounds for involuntary termination of parental rights. Washington, DC: U.S. Department of Health and Human Services, Children's Bureau.
HistoryNew 3-17-10, Amended 4-20-17.65C-35.007 Authority to Provide Psychotropic Medications to Children in Out-of-Home Care Placements.(1) Parents or legal guardians retain the right to consent to or decline the administration of psychotropic medications for children taken into state care until such time as their parental rights, or court ordered guardianship or custodial rights, have been terminated.
In states that do not use a centralized intake or state automated child welfare system (SACWIS) the Florida child welfare professional is required to contact the county administered child protection program to complete the record check.(3) When a child welfare background check reveals an individual seeking placement of the child, or any adult household member or other adult visitor to the home has a verified maltreatment finding associated with a child fatality or termination of parental rights, the Department, community-based care lead agency or its subcontracted provider shall not recommend placement of the child with that individual without the approval of the Regional Managing Director or his or her designee.(4) When a child welfare background check reveals an individual seeking placement of the child, or any adult household member or other adult visitor to the home has a Florida or out-of-state verified maltreatment finding associated with a prior adult or child protective investigation, the following factors shall be considered in determining whether placement with the individual will jeopardize the safety of the child being placed:(a) Severity of the maltreatment, based upon: