Family Issues: Parental Rights Termination
Parents facing long-term incarceration should:
- Avoid having their children end up in foster care, which starts the clock ticking for parental rights termination.
- Make sure they have provided for the child's proper care and custody by giving legal authority to the child's caretaker.
- Selected Portions.
- Provides information for parents and kinship caregivers on how parents can give relatives the authority to care for their children while the parent is unavailable.
- The federal Adoption and Safe Families Act requires the State to sue to terminate parental rights where a child is in foster care for 15 out of the most recent 22 months, unless a compelling reason exists not to terminate parental rights. See 42 U.S.C. §675(5). This time period can expire easily if the parent is incarcerated.
- Michigan law allows for the termination of parental rights if a child is in foster care or int he care of a guardian or limited guardian. This statutes provides possible grounds for termination. Current statute effective until September 3, 2010.
- Above statute amended, effective September 4, 2010.
- The report contains an introduction with background information on parents with criminal records, and chapters on employment, public benefits, housing, child welfare, student loans, and immigration. These chapters feature stories of ex-offenders who have confronted these barriers, illustrating the inequities of these collateral consequences. For specific information on termination of parental rights, see Chapter Four: Criminal Convictions, Incarceration, and Child Welfare.
| Other pages in this section: Children & Families of the Incarcerated - Child Support - Custody & Parenting Time - Parental Rights Termination - Parole & Probation Restrictions on Family Contact - Ability to be an Adoptive or Foster Parent