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Termination of Parental Rights in Minnesota
(provided by Cundy & Martin, LLC)

When determining whether to terminate a parent's rights to his or her child, the court looks to the child's best interests. The judge must look at each child as an individual and cannot merely assume that a parents prior conduct will automatically justify termination, even if that conduct resulted in termination of rights regarding a different child.

When courts look to permanently remove a child from a home, it must look to certain factors under the law, including:

1. how the child's best interests are served;
2. the nature and extent of the social service agency's reasonable efforts to reunify the child with the parent;
3. the parent's efforts and ability to use services to correct the conditions which led to the out-of-home placement; and
4. that the conditions which led to the out-of-home placement have not been corrected so that the child can safely return home. Minnesota statute, section 260C.201 addresses these issues. Therefore, if you are fighting to keep your child, you case must address these factors.
   
   

It is not uncommon for a judge to place a child with another family member when removing the child from a home. But merely being a family member of the child is not enough. Factors that the court may consider include, the length of time the family member has been involved in the child's life, the extent of any such involvement, the mental fitness of the family member, etc.

Regarding the social service agency's efforts, they must genuinely seek to help the family reunify. This means that the agency cannot view as its mission, to separate the family. The courts may look to the following factors in determining whether the agency's efforts were reasonable:

1. whether the services were relevant to the safety and protection of the child;
2. whether they were adequate;
3. culturally appropriate;
4. available and accessible;
5. consistent and timely; and
6. realistic under the circumstances.
   
   

Termination of parental rights is obviously a very serious matter and if you are involved in such a dispute and are facing the possibility that your child may be removed from your home against your will, you need good legal advice and representation.

Information provided by:
Cundy & Martin, LLC

http://www.cundyandmartin.com/

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