What exactly does it mean if you lose parental rights of your children?

Question

We've been talking about doing a gaurdianship or adopting my husbands cousins kids if something bad happened and all we have heard is that they lost parental rights to them. What exactly does that mean? We havent talked to them yet and arent sure what exactly this means. Does anyone know?

Answer 1

when a parent has no parental rights..it means the parent  has no say about what in the childs life..no matter what...

Answer 2

Hi K.A.

Thank you for considering keeping these children in the family if at all possible.  They have no doubt been through a lot lately and could really use the love and stability of extended family now if they cannot be with their immediate family.

To answer your questions, losing parental rights means that a court has terminated the rights of the parents without their consent.  The court has determined that the children are in danger and/or the parents have not made sufficient efforts to complete requirements to regain custody of their children within a specified time period.  The effect is the same as voluntarily relinquishing legal rights to parent the child, only it is done without the parent's consent.  Sometimes additional precautions are taken to not allow the parents and children to have contact with each other while the children are minors.

The state now has legal custody of the children.  The next step is for them to find a suitable permanent placement for the children.  Relatives should always be considered before strangers if a qualifying home exists.  You and your husband would have to let it be known you are interested in doing so before other arrangements are made for the children.  You would have to complete a homestudy for the judge to review.  This is a routine procedure that would show that you have a safe home and are capable of raising the children. (financially stable, interviews, references, criminal background checks, etc.)

It is always preferable to keep children within their families as long as there are no abuse or neglect issues.  Decisions made should always consider the needs of the children first.  Children should not be cut off entirely from their heritage.  Guardianship would be preferable to adoption, yet both are preferable to leaving the family entirely and going to a different family.

Thank you for considering guardianship or adoption in this case.  Yes, I think you have a good chance of getting custody of the children, and yes, I believe it would be in the children's best interests.  If you do proceed, you can return here with any related questions, as this forum has many adult adoptees knowledgeable on this topic who are willing and able to help.  Good luck to you and the children.

julie j

reunited adoptee

Answer 3

Just ecaxtly what it means the have NO RIGHTS to them, they have done something wrong

Answer 4

if the parents lost parental rights it means that according to the law they are no longer their parents and you are no longer family.  If you hurry and talk to the courts you may have a chance at being considered but only for adoption.  Guardianship is for when the parents have not had their rights terminated and can transfer their guardianship to you.  

so it matters how long the children have been in foster care and if the foster parents want to adopt if they have had them a significant amount of time and they are a part of this family then the courts will determine if they want to move them again or keep them in a constant home.  but if you wait at all you will miss your opportunity.

good luck

Answer 5

In terms of the law when a parent loses parental rights it means that they no longer have rights to care for or make decisions regarding the welfare of the child(ren), who's right were terminated against.  Those rights then fall on the state.  The state can then do a number of things.  They can place the child in regular foster care, family foster care or any other placement that best meets the needs of the child.  The most preferred situation is to place with a family member, so to answer  your question yes you would get preferential consideration unless a closer relative such as a sibling or grandparents want ot consider fostering or adoption.  Should the kids already be in placement of a foster family who is seeking adoption a judge may award the adoption to them over family if the judge feels it is in the best interest of the children.  Your best bet is to find out where the children are and what their status is.  If your interested let the caseworker know you want more information so you can decide.

Answer 6

It means that the parent or parents have been found by the Court Judge that they can not protect and nurture their children and the children now belong to the Court Child protective services. Now, they are eligible for adoption.  Hurry, let Child Protection Services know you are interested in raising these kids.  How did this come to be??? Initially, before the parents lost their parental rights, their children were removed by State Child protective services and placed in a foster home.  The parent/parents were evaluated and given a treatment program to follow to reunite them with their children...to be a healthy family again.  If the parent follows plan and is making progress..then visitations are allowed.  If after a reasonable amount of time ....they didn't follow thru....the Court can Terminate Parental Rights...Now...the children in foster care are available for Adoption.  It is imperative that you come forward to the Child Protection Services and let them know you are interested in raising these kids.  If they don't know about you they will not be able to pursue adoption for you....other's wanting to adopt will get that option.  So hurry, contact Child protective services now.  You may have to move and agree to stay away from birth parents.  I don't know the specifics on that.  Good Luck.

Answer 7

K.A., if parents "lose" parental rights, it means that the state has removed the children due to abuse or neglect.  After children are removed from a home, parents are given a time period to regain custody of their children  -- usally 6 months to 3 years.  During this time period, they will need to fulfill the agreement they made with their state Protective Services for the return of their children (Reuification Agreement).  This usually includes: Stable home and jobs, counseling, supervised visitation, drug/alcohol rehab (if applicable), or the removal of the perpetrator from the home (if applicable).  If parents do not comply, escalate their inappropriate behavior, or voluntarily relinquish their rights during this time period, then they would no longer have legal custody of their children.  When parents lose parental rights, their children are placed in either foster care, a group home or relative care.  Through the state, the parents have no rights to see the children again.  Relatives do have some rights to custody, especially if they can connect with the case early on, before the state has moved forward, or if the state is having difficulty with placement.  You may need to secure an independent homestudy and appear in court with it, if you are interested in custody.  Or, the state Caseworker may suggest that they do a kinship study to see if you would be appropriate caregivers for the children and their specific needs.  You might then be able to adopt the children, after a supservisory adjustment period.

You do need to consider the following:

1.  The parents would have physical access to the children, since they are relatives, and probably know where the children would be living, and have contact with you.  This may or may not be in the children's best interest, depending on the circumstances of their removal from their home, the parents progress addressing their behavior, etc.  It could also work out well for the children, who usually benefit from this contact, when fairly appropriate, and safe.  You would need good boundaries, and the ability to keep the children's best interest at the forefront.

2.  The children may need special care for a while, or for the rest of their lives.  Abuse and negect issues take their toll on children in a very different way than adults.  They don't always show outward signs of the effects of stress and abuse until much older.  But the issues do not go away, and they must be addressed in consistent, professisional play therapy or therapy.  The children need this avenue to express themselves and begin to deal with their past in order to be healthy teens and adults.

3.  This custody will not only take love, but a permanent committment.  The one thing these children do not need, is another disruption in their lives.  You and your husband, to be fair to these children, as well as each other, should probaby consider this carefully before a final deciison is made.  Brief 1-2 sessions of counseling might help.  

I hope this helps.  Whatever you decide, good luck to you all!

Answer 8

I always thought it meant that the children are in foster homes and such and the parents have no visitations whatsoever and basically never allowed to have contact with them again

Answer 9

a TPR.  = termination of parental rights.

once a TPR is served - the person has NO rights as a parent.  visitation was most likely completely taken away...  etc.  

the state likely becomes their legal gaurdian.

when they move into your home as a pre adoptive placement - you should receive papers giving you rights to medical and educational stuff for the child.

once the child is adopted -- the adopter has complete rights -- and the adopters name in on the birth certificate  --- just as if you had given birth to the child.  

good luck!

Answer 10

Termination of Parental Rights (TPR)is the Court hearing that ends the parents rights and places the children as "wards" of the state.

It is one of the last steps taken before and Adoption Plan is made. In some states they will not TPR until an adoptive placement has been found--other states will TPR before deciding the adoption placement.

Generally, the state must do a "Relative" search of the children in question and allow biological families the opportunity to be a placement for the children in their family. A Relative Adoption Home Study would be done to determine if the relatives are a safe family and in most cases the states would RATHER place children with biological family members.

The Federal Law -- Adoption and Safe Families Act (AFSA) requires the states to have a "Permanency" Plan for children that have been in foster care for 16 out of 24 consequtive months.

When there has been no Relative Placement the state (each have their own process) will select the best family to place children for adoption. In many cases, the Foster Family that has been caring for the children will be given the first option to adopt when no relatives have been found.

If the Foster Family is not interested in adopting the state will allow families with Certified Home studies to express interest and ask to be considered as an adoptive resource.

If you are interested in the children you need to call their caseworker--or the DHS office where thier case is handled and ask to be considered as a Relative Placement.... You also need to contact your own state/local DHS Office and ask to have a relative adoption home study started just in case the other office doesn't get going on it.

The truth of the fact is that depending on the state the children are in the TPR may indicate that an adoptive placement has already been found.... However, in some states or under some situations this may happen even if the state has not found an adoptive placement...

You will not know if there is anything you can do at this time until you make contact with the kids state or caseworker....

Answer 11

If the parents have lost their rights it means that legally they are no longer responsible for the child. It means they have no say in what happens to the child. It means they will not be consulted on decisions regarding the child and it means they have no right to have their opinion count. I don't think it means whether they can or can not see the child. That may depend more on why their rights were taken away. For instance, if they were abusive and the state took their rights away then the state will need to protect the child from abuse and may not allow the parents to be alone with the child. However, if the parents are ill and can not provide for the child for legitimate reasons -- they will still be allowed to visit the child. The laws vary depending on what state the parents and child live in. If you are interested in providing a home for the child, you should find out where the child is -- whose custody the child is in -- and let them know you are family and are interested in providing a home for the child. Ohterwise, the child is likely in a foster home with strangers.

Answer 12

They always (or shoudl always) look for kin foster or late kin adoptions to keep it in the family, unless bio parents have adamantly stated the child needs to be adopted, but that is rare.  YOu helping htem out would be the best thing.

Answer 13

Some states work with family members, and some don't.  Immediately contact DHS and find out what would normally be the plan with the laws in your state.  Be aware that they don't give out information on individual cases, but can give probable answers.  Then, contact an adoption attorney.  If the parental rights have been temporarily taken away, you might be able to have them sign papers relinquishing permanent parental rights so you can adopt the kids.  Good luck, and it sounds like you'll be better for the kids.

Answer 14

I do not know what state you are in, but you need to rush NOW to the local agency in charge of childrens welfare.  In louisiana this agency is called OCS, office of children's services.  I can tell you from my experience as an atty, a few years back when I was a prosecutor I filled in \for others attorneys who just handled juvenile on nuerous occasion. What I learned is that if the parents lost parental rights then the situation was dire.  There is a presumption that every child belongs with their parent if at all possible,  The goaf of child welfare and the court system is NOT to yank kds form parents who simply make mistakes.  WHne a child is determined at a heraing to "be a child in need of care" the child is norma;lly removed formt he parents home.  I have seen children removed for a variety of reason, physical abuse, sexual abuse, neglect, malnutrion, not meeting the child's medical, dental, and or educational needs.  I have seen kids removed who suffer from illness such as sleep apnea or reflux when social services determines that the parents are neglectful and are not making sure th child is hooked up to the heart/apnea monitir which will alert the parents and sometimes has a direct linkg to EMS , if the child goes a certain amount of seconds (pre set on monitir by dr.) without taking a breath (this is the number one casue of SIDS, or if theoir heart rate goes over a certain number tachycardia, or below a certain number, bradyichardia (mispelled), i have seen a child who sufers reful remoived b/c a med count showed that the parents were not givign him his meds thus placing him in a life threating situation, children are often removed b/c of mpm''s boyfirend, whos is bad news and she refuses to give him p, childen who are left alone, filthy home with human and animal urine and f***s all over the home, no food in the refrigerator, cockroaches crawling on babies, no elctricity or no plumbing, whatever reason the child is removed, the courts and family services are willing to work with them. THE BASIC GOAL IS ALWAYS FOR REUNIFICATION, the courts and social services design a case plan for the parent sto follow, no drugs, random drug screens, must attend parenting classes, unnanounced visits, anger management, mom may be told that botfriend must move out, no smoking in the home if child has asthma, this list is so long and it vaires on a cas eby case analysis.  Social servivices monitirs the progress of the parents, holds weekly meetings in whivh parents mus attend to go over the case plan to see how they are progessing, what areas ned more work etc.  sometimes that add new conditions.  It is only after a lenghty case paln andnumerous opportunitie afforded the parents to learn how to properly parent, nurture, care for, love, provide for, discipline without hitting, get substance abuse help etc. only when it is determined through a trial where the parents have an opportunity to be hears, have an attorney (one appointed if they cant afford) that if the judge determines that the parents are maiong no reasonable effort to learn to care forthe childrenonly then is a permancy hearing set, at the permancey hearing OCS introduces evidence of why they beleive theparents are not good candidates for the case plan because of their failure to participate, failute to cooperate etc.  If a child is in the system for over 18 months and the parents show no sign of making the effort to work the paln to get theri kids back it is determined that it is in the best interest of the child to have the parental rights terminated, forever which frees the kids for adoption.  often if it has been over a year the foster parents ahve grown attatchd to the kids, if the kids are thriving and  doing well in the foster home and the foster paretns apply to adopt it islikely they will be able to UNLESS THERE ARE FAMILY MEMBERS WHO COME FORWARD WHO WANT TO ADOPT THE KIDS.

THE LAW FAVORS A FAMILY MEMBER ADOPTING THE CHILD. FAMILY MEMBERS ARE TO BE CONSIDERED FIRST. I DO NOOT NDERSTAND WHY YOU WER ENOT CONTACTED ABOUT THIS.

Should you deicide to adopt you will be require dto follow certain rules anf guidlines, this very well may include your willingnes to agree to keep the kids from the natural parents, not let them vist etc. if you violate this you will lose your rights

if the children have already been adopted it will be hard for you to have it overtunred, so you must act fast and contact social sevices to alert them of your family status and your desire to adopt, do not waste another day.

Answer 15

Okay parental rights mean that the parent has no more right as the parent of the child or children like for example they can no longer make decisions for the children any more Its like being just the Bio parent and not the actual parent. They basically lose all Parenting rights

Answer 16

i think it means that they have no say.  the courts decide what will happen to the kids now.