Medical Neglect Can Be Grounds for Termination of Parental Right

Abstract

A child’s environment can constitute a source of physical and emotional medical neglect. Termination is warranted where clear and convincing evidence is presented that parents had no plan in place to meet their children’s medical needs. For amicus attorneys and ad litem attorneys representing parents and children, the message is clear: Heed the siren call of the Holley v. Adams factors. Help your clients develop a plan of action, or—where warranted—build a case showing by clear and convincing evidence that the parents have failed to meet their children’s physical and/or emotional needs.