Termination of Parental Rights in Minnesota
Prior to 2000, the United States Supreme Court repeatedly held that parents have a fundamental right to direct the upbringing and education of their children. Parents were assumed to act in the best interests of their children, unless they were proven to be unfit. However, in Troxel v. Granville, the Court opened the door for individual states to apply their own rules to parental rights.
While Minnesota does not have a state statute that explicitly defines and protects parental rights as fundamental rights, Minnesota courts have long recognized the substantial and fundamental right of natural parents to enjoy the custody of their child. Nevertheless, if “grave and weighty reasons” are present, courts will often terminate an individual’s parental rights—if, of course, it is in the best interests of the child(ren) involved.
What Does it Mean to Terminate Parental Rights?
Once someone’s parental rights have been terminated, they are not legally the child’s parent anymore. All their rights as a parent are taken away. They lose the right to visit or talk with the child. They can no longer control the upbringing of the child. In fact, the child can even be adopted without their consent.
How are Parental Rights Terminated in Minnesota?
In Minnesota, a juvenile court may, upon petition, terminate all rights of a parent to a child. Termination of parental rights may either be voluntary or involuntary. Voluntary termination is where a parent agrees and consents to terminate the parent-child relationship. However, the parent who wishes to terminate his or her parental rights must consent in writing, and there must be a good reason to do it. The child’s extended placement in foster care or a responsible third-party’s desire to raise or adopt the child are likely sufficient reasons for the voluntary termination of parental rights. Conversely, a court will not allow a parent to relinquish his or her parental rights simply because they wish to stop paying child support.
Involuntary termination of parental rights occurs where a parent does not wish to give up their rights as a parent, but the court finds compelling reason(s) to terminate their rights anyways. There are 9 legal grounds for the involuntary termination of an individual’s parental rights in Minnesota:
1. Abandonment
The failure of a parent to maintain regular contact with their child or to show an interest in the child’s well-being is a sufficient reason for a court to order the involuntary termination of parental rights. Specifically, abandonment will be presumed where the parent has had no contact with the child on a regular basis and has not demonstrated a consistent interest in the child’s well-being for six months. Abandonment will also be presumed in situations where the child is under two years of age and has been deserted by the parent under circumstances that show an intent not to care for the child. Importantly, in the absence of these presumptions, a court may still find abandonment if such abandonment is demonstrated by clear and convincing evidence.
2. Neglect
The substantial and continuous neglect, or the repeated refusal to comply with general parental duties are grounds for the involuntary termination of parental rights. The failure to provide a child with necessary food, clothing, shelter, education, and other care and control that is necessary for the child’s development are clear examples of neglect (if the parent is financially able to provide such support).
3. Failing to Provide Financial Assistance
If a parent has been ordered by a court to pay child support, but has continuously failed to do so (without good cause), a court may involuntarily terminate parental rights. A few missed payments, however, without more, typically will not be enough.
4. The Parent is Unfit
A court is likely to involuntarily terminate an individual’s parental rights if it determines that the parent is simply unfit to be a parent, and will not care for the child’s physical, emotional, and mental health. In order to establish that a parent is unfit to be in any sort of parent-child relationship, there usually must be a consistent pattern of detrimental conduct. It is presumed that a parent is unfit upon a showing that the parent’s parental rights to one or more other children were involuntarily terminated or transferred.
5. Failing to Fix the Reasons the Child was Placed in Foster Care
A court will involuntarily terminate a parent’s parental rights upon a showing that:
the child has been out of the home for 12 out of the last 22 months (or for 6 months if the child is under the age of 8);
there is a court ordered out-of-home placement plan, and the parent refuses to follow the plan or fix the problems; and
social services has been unsuccessful in its attempt to reunite the family.
6. Egregious Harm
If a child has suffered egregious harm and was badly hurt (physically or emotionally) while in the care of the natural parent, a court is likely to involuntarily terminate the natural parent’s parental rights. Egregious harm typically is harm that is of a nature, duration, and chronicity that indicates a lack of regard for the child’s well-being.
7. Absent Birth Father
A court will terminate the parental rights of a father who:
was not married to the mother at the time of birth or conception;
is not listed on the child’s birth certificate;
is not involved in the child’s life;
is not supporting the child; and
has not registered with the father’s adoption registry.
8. The Child was Neglected and in Foster Care
If a child is in foster care and cannot return to their natural parent’s home because the natural parent has not fixed the problems or has failed to use the resources given to him or her, a court will have grounds for the involuntary termination of the parent-child relationship. The failure of a parent to visit or support their child while the child is in foster care is another ground for terminating parental rights involuntarily.
9. Serious Criminal Conviction
If a parent is convicted of one of the following crimes, a court has legal grounds to terminate parental rights:
murdering one of their other children
assaulting the child
sexually abusing the child or another child of the parent
committing an offense that requires registration as a predatory offender.
Minnesota Parental Rights Attorneys
If you are in danger of your parental rights being terminated, or you wish for the parental rights of your child’s other parent to be terminated, you should not go to any court proceedings alone. The termination of parental rights is a very serious matter. As such, you should contact an experienced family law attorney to make persuasive arguments on your behalf. Call 651-468-2104 to schedule your free consultation.