Termination of Parental Rights
by: Iowa Legal Aid
What Are "Parental Rights"?
When you
have "parental rights" to a child, you are that child's parent in the
eyes of the law. When your parental rights to a child are terminated,
you stop being that child's parent. You no longer have the right to say
where the child will live, or what kind of education or medical care the
child will get, or what religion the child will be brought up in. You no
longer have the right to get information about the child, such as school
or medical records, child abuse reports, and information from law
enforcement agencies and the courts. You cannot even have contact with
the child unless the child's legal guardians say you can. There is a
saying in the law that a parent whose rights to a child are terminated
becomes a "stranger" to that child.
Why Are Parental Rights Terminated?
Only a judge
can terminate someone's parental rights. In most cases, judges are asked
to terminate a parent's parental rights by the state, or by whoever has
been taking care of the child, usually the child's other parent.
The
state is represented in the court system by the county attorney. When a
county attorney believes that a child in that county is in danger
because his/her parents are not taking care of the child properly, the
county attorney may file a special kind of case called a CINA. CINA
stands for "Child In Need of Assistance." If a judge decides the child
does need assistance, then the Department of Human Services will try to
help the parents take better care of the child. Sometimes this works,
and the parents are able to go on raising their child. Sometimes the
county attorney decides that the child is not going to be safe unless
the child is taken away from his or her parents permanently. Then the
county attorney will ask the judge to terminate the parents' parental
rights.
It is also possible for someone who is not the county
attorney to ask a judge to terminate someone's parental rights.
Sometimes the parents live apart, and the child lives with one parent.
The parent with whom the child lives is called the custodial parent. If
the custodial parent gets married again, his or her new wife or husband
may want to adopt the child. Before this can happen, the custodial
parent will have to ask the court to terminate the other parent's
parental rights (the other parent is called the non-custodial parent).
Sometimes
the child is not living with either parent, but is being taken care of
by a family member (such as a grandparent) or even a non-relative (such
as a friend of the family). People like these can ask a judge to
terminate the parents' parental rights too. They do this so that they
can adopt the child themselves.
A court will not terminate
someone's parental right just because someone else asks. The person
asking for the termination must show that the parent has abandoned the
child or is a danger to the child. They must show this in court, with
evidence. Evidence can be witness testimony. It can also be documents,
like medical reports. Terminating a person's parental rights is a very
serious step, and a court will not do it unless the evidence is "clear
and convincing." That means the evidence must be better than in an
ordinary civil case, like a personal injury case. But it does not have
to be as good as the evidence in a criminal case.
How Are Parental Rights Terminated?
Your
parental rights can only be terminated by a judge, and only when
somebody asks the judge to do it. You cannot "give up" your parental
rights, although if somebody asks the court to terminate your parental
rights you can consent (agree) to the termination.
Many people
wonder if they can give up their parental rights because they don't want
to pay child support. In most cases, a court will not allow this. That
is because a person with parental rights is also a person with parental
responsibilities. Under Iowa law, parents are responsible for supporting
their children. Iowa law also says it is almost always best for children
to have parents who are responsible for supporting them.
If you
don't want your parental rights terminated, you have the right to a
trial. It will be a "bench trial," which mean there will not be a jury.
The judge will hear the evidence and make the decision. At your trial
you have the right to present witnesses and other evidence. You also
have the right to question the other side's witnesses and examine any
other evidence they present.
Do I Have The Right To A Lawyer?
You always have
the right to a lawyer in Iowa. The trouble is, in most cases you have to
pay for one. There are a couple of exceptions: in a criminal case where
the court could sentence you to jail or prison time, you have the right
to a lawyer who is paid by the court if you cannot afford to pay one
yourself.
Although parental rights terminations are civil?not
criminal?cases, you may also have the right to a court-appointed
attorney in these cases, so long as you can prove to the judge that you
cannot afford your own attorney. "Court appointed attorney" is another
way of saying an attorney whose fee is paid by the court. Low-income
people in Iowa have this right because Iowa Legal Aid won it for them
back in 2004.
What To Do If You Are Facing Termination Of Your Parental Rights
Make
sure you ask the court for an attorney immediately. Usually the clerk of
court's office has a form you will need to fill out. Go to the clerk's
office and get one. You will have to put down how much money you make,
how much property you own, and other information about your household
finances. Remember, you are only entitled to a court-appointed attorney
if the judge decides you can't afford to pay for an attorney.
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