Termination of Parental Rights and the Developmentally Delayed Parent Hillary S. Kambour, Esq.

What is Unique? Rarely abuse, usually neglect cases Often loving relationship with the children Parent is often very sympathetic

Relatives If there is an appropriate relative who is willing to care for parent AND child, there is no basis for termination If there is an appropriate relative who wants to adopt, then termination is the correct goal

Ensure Services Proper diagnosis Services designed to address problem Read evaluations for recommendations

Section 39.806(1)(c) Parent continues to engage in conduct that threatens the life, safety, well-being, or physical, mental, or emotional health of the child, irrespective of services Services provided Threat continues Futility of further services No need for adjudication of dependency This section is most often used with these parents as it is designed for the situation where the parent does the services but simply does not (and probably cannot) benefit from them. Probably need expert testimony (which we will talk about later) to demonstrate that the threat continues. Although there is case law that recognizes that “mental illness” may be an immutable problem in which futility can be presumed, its best to have expert testimony to proof futility as well. This section does not require an adjudication of dependency and thus can be used on the subsequent child born during the proceedings. If parent has already completed case plan and not benefited when subsequent child born and brought into care, the parent’s rights to that child can be terminated under this section without first adjudicating that child dependent. But there must be SOME services offered. Doesn’t have to be pursuant to a case plan, it may be from previous APD, or mental health services provided.

Section 39.806(1)(e) Adjudication of Dependency Case plan with Appropriate Services Failure to Substantially Comply (i.e., Remedy the Circumstances)

Expert Testimony Before and After Psychological Evaluations Detailed testimony re: danger parent poses .

Provider Testimony Treating Provider and/or Therapist Treatment plans and progress reports

GAL Testimony Before and After Testimony Prepare GAL for feelings of sympathy Talk to Parent

Competency Determine early if there are competency issues If parent cannot “assist” defense attorney no Attorney ad Litem or Guardian Attorney appointed See, S.K v. Dep’t of Children and Families, 959 So.2d 1209 (Fla. 4th DCA 2007) An incompetent parent can have parental rights terminated No surrenders