Parental rights terminated? “(O)” What a case!

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)