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This article explores the unique challenges in cases involving termination of parental rights for developmentally delayed parents. It discusses the importance of appropriate services, expert testimony, and determining competency.
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Termination of Parental Rights and the Developmentally Delayed Parent Hillary S. Kambour, Esq.
What is Unique? • Rarely abuse, usually neglect cases • Often loving relationship with the children • Parent is often very sympathetic
Relatives • If there is an appropriate relative who is willing to care for parent AND child, there is no basis for termination • If there is an appropriate relative who wants to adopt, then termination is the correct goal
Ensure Services • Proper diagnosis • Services designed to address problem • Read evaluations for recommendations
Section 39.806(1)(c) • Parent continues to engage in conduct that threatens the life, safety, well-being, or physical, mental, or emotional health of the child, irrespective of services • Services provided • Threat continues • Futility of further services • No need for adjudication of dependency
Section 39.806(1)(e) • Adjudication of Dependency • Case plan with Appropriate Services • Failure to Substantially Comply (i.e., Remedy the Circumstances)
Expert Testimony • Before and After Psychological Evaluations • Detailed testimony re: danger parent poses
Provider Testimony • Treating Provider and/or Therapist • Treatment plans and progress reports
GAL Testimony • Before and After Testimony • Prepare GAL for feelings of sympathy • Talk to Parent
Competency • Determine early if there are competency issues • If parent cannot “assist” defense attorney no Attorney ad Litem or Guardian Attorney appointed See, S.K v. Dep’t of Children and Families, 959 So.2d 1209 (Fla. 4th DCA 2007) • An incompetent parent can have parental rights terminated • No surrenders