Please use this identifier to cite or link to this item:
https://hdl.handle.net/20.500.12202/9711
Title: | Parental rights terminated? “(O)” What a case! |
Authors: | Reiter, Elisa Pollack, Daniel 0000-0001-7323-6928 |
Keywords: | Child Protective Services (CPS) termination of parental rights My Health My Resources (“MHMR”) COVID-19 pandemic Texas Family Code Section 161.001(b)(1) “(O)” grounds Family Service Plan |
Issue Date: | 21-Dec-2023 |
Publisher: | ALM |
Citation: | Reiter, E., & Pollack, D. (2023, December 21). Parental rights terminated? “(O)” What a case! Texas Lawyer. Law.com |
Series/Report no.: | Texas Lawyer;December 21, 2023 |
Abstract: | What is the take away? Defense counsel must scrutinize the requirements of service plans carefully. Try to obtain Department approval of any deviation from the specific terms of the Family Service Plan, or court orders authorizing such alternatives. Attorneys who have done this type of work may have represented a variety of parents -- some who are compliant; some who are noncompliant. Attorneys who have represented parents and children in child welfare cases have experienced great turnover in caseworkers on a given case in recent years. While the Department is charged with reunifying families in Texas, often a very different agenda is presented by caseworkers. Termination cases mandate that due process is to be guaranteed. Defense counsel must assure that their client’s rights are preserved. Termination of parental rights may serve the best interests of children in some cases, but the Department must be forced to prove its case by clear and convincing evidence. Application of “(O)” grounds must be more than mechanical. Trial courts must explore whether a parent’s noncompliance is more than “trivial” or “immaterial.” (from Conclusion) |
Description: | Legal advice |
URI: | https://www.law.com/texaslawyer/2023/12/21/parental-rights-terminated-o-what-a-case/?slreturn=20231121153327 https://hdl.handle.net/20.500.12202/9711 |
ISSN: | 0267-8306 (print) |
Appears in Collections: | Wurzweiler School of Social Work: Faculty publications |
Files in This Item:
File | Description | Size | Format | |
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Pollack Reiter art Texas Lawyer Parental rghts terminated.pdf | 254.18 kB | Adobe PDF | View/Open |
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