Termination of Parental Rights Under the Law in Maryland

Termination of parental rights (TPR) under the law in Maryland aims to protect children when parents can’t provide a safe environment due to issues like abuse or neglect. It helps to find stable homes through adoption or guardianship. Termination of parental rights ensures adopted children have the same rights as biological ones.

It is all about what’s best for the child’s safety and stability. To stop further harm and give legal help to children who need protection. It also holds parents accountable and helps them get support to make things better, aiming for the child’s well-being in a safe home.

Reasons for Termination

In Maryland, the Department of Human Services can ask the court to end parental rights (TPR) for three main reasons.

• First, if a child has been in foster care or another out-of-home placement for at least 15 out of the past 22 months, it suggests the parent may not be able to provide a safe and stable home.
• Second, if a parent clearly shows intent to give up all parental rights and responsibilities, like abandoning the child or not visiting or supporting them for a long time.
• Lastly, if a parent is found guilty of harming the child, another of their children, or the child’s other parent, they might lose their parental rights. The court considers the seriousness of the offense and the potential risk of future violence.

Who Can Terminate a Parent’s Rights?

In Maryland, typically only the Department of Human Services starts the process of terminating parental rights (TPR). However, a parent, guardian, or sometimes even a grandparent (in rare cases) can ask the court to do so, but they must provide solid evidence showing that TPR is in the child’s best interests.

Regardless of whether the child or the party filing the petition receives public assistance, the judge will focus on the child’s well-being and the seriousness of the situation. Even if TPR is granted, the Child Support office might still be involved to ensure that financial responsibilities are met.

The Process of Termination of Parental Rights Under the Law in Maryland

The process of termination of parental rights (TPR) in Maryland involves several steps:

1. Initiation: The Maryland Department of Human Services (DHS) usually starts the process by submitting a petition for TPR to the court. This petition explains the reasons for termination, which could include one or more of the situations we talked about earlier (such as long periods in foster care, abandonment, or parental violence).
2. Service of Notice: The parent mentioned in the petition (called the respondent parent) must be officially notified of the TPR proceedings. This ensures they are aware of the allegations and have the opportunity to defend their parental rights.
3. Investigation and Case Plan: DHS likely conducted an investigation into the family situation before filing the petition. This investigation guides the creation of a case plan that lists steps the parent could take to regain custody of the child. The court might instruct the parent to fulfill specific actions listed in the plan, like attending parenting classes, undergoing substance abuse treatment, or seeking mental health services.
4. Trial: A trial is conducted before a judge to decide whether TPR is necessary. Here’s what typically happens at the trial:

• DHS presents evidence to support its claim that grounds for TPR exist.
• The respondent parent has the right to be present, represented by an attorney, and to present their case. This might include showing efforts to address the concerns raised by DHS and demonstrating their ability to provide a safe and stable home for the child.
• The court considers all the evidence presented, including the child’s best interests, before making a decision.

  5. Decision and Order: If the court finds grounds for TPR and decides it’s best for the child, a TPR order is issued. This order severs the legal parent-child relationship, terminating all parental rights and responsibilities as mentioned previously.

Understanding Visitation After Termination of Parental Rights

After a termination of parental rights (TPR), we handle visitation on a case-by-case basis, and it’s rarely granted. In Maryland, several factors often prevent visitation after TPR because we prioritize what’s best for the child’s well-being.

• Severed Legal Relationship: TPR severs all legal ties between the parent and child. This means the parent no longer has any legal right to see the child. Allowing visitation after the termination of parental rights could create a new legal situation. This situation may be complicated and may not be in the best interest of the child.
• Focus on Stability and Security: A primary goal after TPR is to provide the child with a stable and secure environment. Unpredictable or disruptive contact with a biological parent who relinquished their rights could jeopardize this stability. The court wants the child to bond and thrive in their new placement.
• Child’s Best Interests: Maryland courts prioritize the child’s well-being of the child above all considerations. Visitation with a parent deemed unfit for TPR can be emotionally confusing or even harmful for the child, particularly if the TPR was due to neglect or abuse.
• Potential for Emotional Harm: Continued contact with a parent who relinquished their rights could be emotionally confusing or upsetting for the child. They might feel conflicted about loyalties or struggle to understand why they can’t live with their biological parent.

However, exceptions exist, such as when maintaining some form of contact with the terminated parent is considered in the child’s best interests. Factors considered may include the child’s relationship with the parent, the reasons for termination, and any potential risks to the child’s well-being.

Alternative approaches that can be considered

• Open Adoption Agreements:  After TPR, adoptive and biological parents can set up open adoption agreements for indirect contact, such as exchanging letters or pictures. These agreements are not legally enforceable, and adoptive parents have the final say over the level of contact.
• Gradual Transition (Rare Cases):  In rare voluntary TPR cases, the court might allow short, supervised visitations for a smoother transition. Particularly for older children with a strong attachment to the biological parent. This can help ease the emotional impact of the separation.

Legal Insights and Support with A Plan

Maryland’s termination of parental rights ensures child safety and stability when home environments fail. This process assesses severe issues like neglect and abuse, highlighting the state’s dedication to child welfare. Our PROMISE framework provides tailored legal and emotional support for your family’s needs.

Our PROMISE With A Plan:

Price: Start by clearly outlining the costs involved in terminating parental rights, such as legal fees and court expenses. Providing upfront transparent pricing structure lets clients plan finances and understand expectations, easing early financial concerns.

Roadmap: Provide clients with a detailed roadmap of the termination process, from the initial petition to the final court decision. This step-by-step guide clarifies the timeline and requirements at each stage, simplifying the complex legal process and reducing stress.

Options:  Discuss all financial options with our client, including payment plans, sliding scale fees, and potential aid for legal services. Empower them with choices that align with their financial situation and legal goals.

Map: Reaffirm our firm’s commitment to client service by regularly discussing concerns and adjusting strategies as needed. Making sure we support the client and prioritize their needs, particularly in times of financial stress.

Issue:  Identify unique financial issues, like the impact of losing child support after termination. Address these concerns with empathy and provide tailored advice on how to manage these challenges effectively.

Settlement: Aim for a resolution that minimizes financial strain on the client. This may include negotiating terms or connecting clients with community resources for financial support.

Expectations: Manage expectations regarding the costs and potential financial impact of terminating parental rights. Helping our clients understand the financial and procedural aspects, preparing them mentally and financially

At Divorce With a Plan, we dedicate ourselves to guiding families through these challenging times with compassion and expertise. If you’re facing this tough situation, call us at (240) 269-3592 for an expert consultation. Together, we can work towards securing a safer, healthier future for your child.