Connecticut Probate Law: The Termination of Parental Rights

To speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

What is meant by "termination of parental rights"?

The term means the complete severance by court order of the legal relationship between a minor child and one or both parents. If the parental rights of both parents are terminated, the minor will be free for adoption. Once terminated, parental rights cannot be restored.

Who can seek the termination of parental rights?

Any of the following parties may petition the Probate Court where the child or the petitioner resides:

(1) A parent or guardian of the minor.

(2) Certain municipal officials.

(3) A licensed child-care facility or adoption agency.

(4) A relative of the minor if the parents have abandoned the minor.

(5) The minor has resided with the proposed permanent guardian for at least one year.

(6) The Commissioner of the Department of Children and Families (DCF) under certain limited circumstances.

If the minor is age 12 or older, the Probate Court can consider a petition to terminate parental rights only if the minor consents.

Where does a person petition for termination of parental rights?

A petition for termination of parental rights must be filed in the Probate Court for the district in which the petitioner or the minor resides. If a child-care facility or adoption agency is guardian for the minor, the petition may be filed in the Probate Court for the district in which the agency has an office.

What information must be provided on a petition to terminate parental rights?

The petitioner must provide the following information when filing a petition to terminate parental rights:

(1) The minor’s name, sex, date and place of birth and present address.

(2) The petitioner’s name and address and his or her relationship to the minor. 2

(3) The names, birth dates and addresses of the parents and guardians of the minor.

(4) If the minor was born out of wedlock, the petition must include the name and address of the father if a court has determined paternity, or if no court has determined paternity, the petition should include the name and address of any person who has acknowledged in writing that he is the father, or who has regularly supported the child, or any person whose name appears on the birth certificate, or who has filed a claim of paternity in a Probate Court.

A petitioner may use the form Petition/Termination of Parental Rights, PC-600, which specifies all the information that is required. If a parent consents to termination, he or she must complete an Affidavit/Consent to Termination of Parental Rights, JD-JM-60.

Procedures for Termination of Parental Rights

Notice of Hearing

The Probate Court must hold a hearing within 30 days of the filing of the petition. There are two exceptions to this requirement. First, if a DCF investigation has been ordered, the hearing will be continued until the investigation is complete. Second, if a parent has given consent to the termination of his or her parental rights, the hearing must be held within 20 days of receipt of the petition. The court must provide at least 10 days’ notice to the parents and the minor, if age 12 or older.

Appointment of Attorney Parents who are the subject of a termination of parental rights petition have the right to an attorney. If the parents cannot afford an attorney, the court will appoint an attorney for them without charge. The court may also appoint an attorney for the minor.

Investigation and Examination

The court may order DCF to conduct an investigation into the facts of the case. The purpose of the investigation, and the resulting written report, is to aid the court in determining the best interests of the minor. Generally, a written report must be submitted to the court within 90 days of the request, and the court cannot hold a hearing on the merits of the petition until that report has been received. The parties and their attorneys have the right to review the report.

The court may also order an examination of the minor and/or the parents by a physician, psychiatrist or psychologist as an additional aid in assisting the court to determine what course of action is in the minor's best interests. The expenses of any examination ordered by the court on its own motion will be paid by the petitioner; the 3 expenses of any examination requested by another party shall be paid by the party requesting the examination. If the party responsible for payment is indigent, the cost of the examination will be paid from the Probate Court Administration Fund.

Hearing

The court will hold a hearing on the petition, and all interested parties and their attorneys will have the opportunity to offer evidence, examine and cross-examine witnesses and present arguments for their respective positions. Contested hearings are often recorded. Although the hearing may be relatively informal, the basic tenets of fundamental due process must be followed. All parties are well advised to be represented by an attorney.

Grounds for Termination

The petitioner has the legal duty to prove to the court by clear and convincing evidence that the termination is in the minor’s best interests, and that one of the following grounds for termination exists:

(1) The minor has been abandoned by the parent.

(2) The minor has been denied, by reason of acts of parental commission or omission, the care, guidance or control necessary for the minor's physical, educational, moral or emotional well-being.

(3) There is no ongoing parent-child relationship, and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the minor.

(4) A child of the parent has been found by the Superior Court or the Probate Court to be neglected, abused or uncared for in a prior proceeding.

(5) The parent’s rights were terminated with respect to another child and a child of the parent under age seven has been found to be neglected, abused or uncared for.

(6) The parent has deliberately killed or conspired to kill another of his or her children or has deliberately assaulted another of his or her children resulting in serious bodily injury.

 (7) The parent was convicted of sexual assault resulting in the conception of a child.

(8) The parent consents to the termination.

Factors that the court will consider:

(1) Services that have been offered to the parent to facilitate reunion with the minor.

(2) The degree to which the parent has complied with any court orders.

(3) The feelings and emotional ties of the minor towards the parent and others.

(4) The age of the minor.

(5) The efforts the parent has taken to adjust the parent's behavior or circumstances to facilitate the return of the minor in the reasonably foreseeable future.

(6) The extent to which the parent may have been prevented from seeing the minor as a result of the unreasonable actions of others or the parent's economic circumstances.

Effect of Termination

Termination of parental rights results in the complete and permanent severance of the parent-child relationship. If the rights of only one parent are terminated, the remaining parent becomes the sole legal parent of the minor. If the rights of both parents are terminated the minor is “free for adoption.” A person whose parental rights to a minor have been terminated has no legal rights or responsibilities with respect to the minor. An exception is the rights of inheritance between the parent and the minor, which remain intact unless and until the minor is adopted.

If you have any questions or would like to speak to a probate law attorney about a will, trust, or estate matter, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

Source: Probate Court User Guide: Termination of Parental Rights and Adoptions, (2015), www.ctprobate.gov/Documents/User%20Guide%20-%20Termination%20of%20Parental%20Rights%20and%20Adoptions.pdf