Termination of Parental Rights and the Developmentally Delayed Parent

1
Termination of Parental Rights and the
Developmentally Delayed Parent

• Hillary S. Kambour, Esq.

2
What is Unique?

• Rarely abuse, usually neglect cases
• Often loving relationship with the children
• Parent is often very sympathetic

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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

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Ensure Services

• Proper diagnosis
• Services designed to address problem
• Read evaluations for recommendations

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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

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Section 39.806(1)(e)

• Adjudication of Dependency
• Case plan with Appropriate Services
• Failure to Substantially Comply (i.e., Remedy the
  Circumstances)

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Expert Testimony

• Before and After Psychological Evaluations
• Detailed testimony re danger parent poses

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Provider Testimony

• Treating Provider and/or Therapist
• Treatment plans and progress reports

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GAL Testimony

• Before and After Testimony
• Prepare GAL for feelings of sympathy
• Talk to Parent

10
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. Dept of Children and Families, 959
  So.2d 1209 (Fla. 4th DCA 2007)
• An incompetent parent can have parental rights
  terminated
• No surrenders