Grounds for Involuntary Termination of Parental Rights

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Every State, the District of Columbia,

American Samoa, Guam, the Northern

Mariana Islands, Puerto Rico, and the U.S.

Virgin Islands have statutes providing the

circumstances under which a person's

parental rights to his or her child may

be terminated by a court. Termination of

parental rights ends the legal parent-child

relationship. Once the relationship has been

terminated, the child is legally free to be

placed for adoption with the objective of

securing a more stable, permanent family

environment that can meet the child's long-

term parenting needs.

Grounds for Involuntary

Termination of Parental Rights

STATE STATUTES

CURRENT THROUGH JULY 2021

To nd statute information for a particular State, go to the State Statutes Search.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | | https://www.childwelfare.govEmail: info@childwelfare.gov

WHAT'S INSIDE

Timeframes for Termination Proceedings

When parental rights may be reinstated

Grounds for termination of parental rights

Exceptions

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Termination may be voluntary or involuntary.

Birth parents who wish to place their children

for adoption may voluntarily relinquish their

rights.

When addressing whether parental

rights should be terminated involuntarily, the

laws in most States require that a court do

the following:

 Determine, by clear and convincing evidence,

that the parent is unt

 Determine whether severing the parent-child

relationship is in the child's best interests

GROUNDS FOR TERMINATION OF

PARENTAL RIGHTS

The grounds for involuntary termination of

parental rights are specic circumstances under

which it is determined that the child cannot be

maintained safely in his or her home because of

the risk of harm by the parent or the inability of

the parent to provide for the child's basic needs.

Each State is responsible for establishing its

own statutory grounds, and these vary by State.

The most common statutory grounds for

determining parental untness include

the following:

 Severe or chronic abuse or neglect

 Sexual abuse

 Abuse or neglect of other children in the

household

For State-by-State details on voluntary relinquishment, see Information Gateway's publication Consent to Adoption.

The U.S. Supreme Court, in Santosky v. Kramer (455 U.S. 745 [1982]), set the standard of proof in termination of parental rights

proceedings at clear and convincing evidence.

For more information on the reasonable efforts requirement, see Information Gateway's Reasonable Efforts to Preserve or

Reunify Families and Achieve Permanency for Children.

The word "approximately" is used to stress the fact that States frequently amend their laws. This information is current

only through July 2021. The States that provide for termination of rights upon criminal conviction for a sexual offense include

Alabama, Alaska, California, Connecticut, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan,

Minnesota, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina,

South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wisconsin.

Arkansas, California, Connecticut, Illinois, Indiana, Kentucky, Louisiana, Maine, Mississippi, Missouri, Ohio, Oklahoma,

Pennsylvania, South Dakota, Tennessee, Texas, and Utah

Indiana, Louisiana, Maine, Mississippi, Missouri, Tennessee, Texas, and Wisconsin

 Abandonment of the child

 Long-term mental illness or deciency of the

parent(s)

 Long-term alcohol- or drug-induced

incapacity of the parent(s)

 Failure to support or maintain contact with

the child

 Involuntary termination of the rights of the

parent to another child

The above factors become grounds for

terminating parental rights when the parent has

failed to correct the conditions and/or parental

behaviors that led to State intervention and

is unable to provide a safe home for the child,

despite reasonable efforts by the State agency

to provide services to prevent out-of-home

placement or to achieve family reunication

after out-of-home placement.

In approximately 34 States and Puerto Rico, a

parent's rights can be terminated if he or she

has been convicted of committing sexual abuse

or another sexual offense.

In 17 States and

Puerto Rico, a parent's rights can be terminated

upon conviction for child sexual exploitation

(including prostitution or child pornography).

A conviction for human trafcking or sex

trafcking of a minor can result in termination

of a parent's rights in eight States and Puerto

Rico.

In 26 States and Guam, a man's parental

3Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov

rights can be terminated if he committed

rape or sexual assault of the child's mother

and the child was conceived as a result.

Being required to register as a sex offender

constitutes a ground for termination in

nine States.

A felony conviction of the parent(s) for a

crime of violence against the child or another

family member is a ground for termination in

every State, the District of Columbia, Puerto

Rico, and the Virgin Islands. In 27 States,

a conviction for any felony that results in

long-term incarceration and requires the

child to enter foster care because of a lack of

alternatives also may constitute grounds for

termination of that person's parental rights.

All States recognize abandonment of a child

as grounds for termination, while 15 States

specically include cases in which a newborn

infant has been relinquished to a safe-haven

provider or otherwise abandoned.

TIMEFRAMES FOR TERMINATION

PROCEEDINGS

The Adoption and Safe Families Act (ASFA)

requires State agencies to le a petition

to terminate parental rights, with certain

exceptions, when any of the following apply:

 A child has been in foster care for 15 of the

most recent 22 months.

California, Connecticut, Florida, Hawaii, Idaho, Iowa, Kansas, Louisiana, Maine, Missouri, Montana, Nebraska, Nevada, New

Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Vermont,

Washington, Wisconsin, and Wyoming

Alaska, California, Florida, Hawaii, Minnesota, Pennsylvania, South Dakota, West Virginia, and Wyoming

Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Louisiana,

Massachusetts, Michigan, Montana, New Hampshire, New York, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota,

Tennessee, Texas, Utah, and Wyoming

Arkansas, California, Delaware, Illinois, Iowa, Louisiana, Missouri, New Jersey, New York, North Carolina, Tennessee, Texas,

Utah, Wisconsin, and Wyoming

ASFA (P.L. 105-89) amended title IV-E of the Social Security Act, which establishes guidelines that States must comply with

as a condition for receiving Federal title IV-E funds.

 A court has determined that any of the

following apply:

– The child is an abandoned infant.

– The parent committed murder or

voluntary manslaughter of another child

of the parent; aided, abetted, attempted,

conspired, or solicited to commit such

a murder or voluntary manslaughter; or

committed a felony assault that resulted

in serious bodily injury to the child or

another child of the parent.

In response to ASFA, many States have

adopted limits to the maximum amount of

time a child can spend in foster care while the

parent is provided with the opportunity to

engage in the services required by a service

plan to correct the conditions that led to the

child's placement in out-of-home care. Many

States have adopted the ASFA standard that

requires the State agency to le a petition to

initiate termination proceedings when the

child has been in out-of-home care for 15 out

of the most recent 22 months, and the parent

has not been making progress in meeting

service plan requirements. Some States,

however, specify other timeframes, such as

shorter time limits for very young children.

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EXCEPTIONS

While State laws require that proceedings to

terminate parental rights be initiated when

statutory grounds are met, approximately 35

States, the District of Columbia, and the U.S.

Virgin Islands

provide for exceptions under

some circumstances, including one or more of

the following:

 The child has been placed under the care of

a relative.

 The State agency has documented in the

case plan a compelling reason to believe

that terminating the parent's rights is not in

the best interests of the child.

 The State agency has not provided the

parent with the services required by the

service plan to facilitate safe reunication.

In six States and the Virgin Islands, the court

will not terminate parental rights over the

objection of an older child unless the court

nds the child lacks the mental capacity or

maturity to decide.

In ve States, a parent's

rights cannot be terminated if the sole reason

the parent has not provided adequate care is

due to poverty.

In three States and Puerto

Rico, a parent's rights cannot be terminated

due solely to the legitimate practice of

religious beliefs.

In California and Montana,

The States that currently provide for these exceptions include Alabama, Alaska, California, Colorado, Connecticut, Florida,

Idaho, Illinois, Indiana, Iowa, Maine, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,

Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, South Carolina,

Tennessee, Texas, Utah, Vermont, Washington, West Virginia, and Wyoming.

California (age 12 or older), Colorado (age 12 or older), Iowa (age 10 or older), New Mexico (age 14 or older), New York (age 14

or older), Virginia (age 14 or older), and the Virgin Islands (age 15 or older)

Florida, Nebraska, North Carolina, Pennsylvania, and Texas

Delaware, Georgia, and Utah

Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Iowa, Louisiana, Maine, Michigan,

Minnesota, Nevada, New York, North Carolina, Oklahoma, Oregon, Texas, Utah, Virginia, Washington, West Virginia, and

Wisconsin

Arkansas (3 years), California (3 years), Colorado (3 years), Delaware (2 years), Georgia (3 years), Hawaii (1 year), Illinois

(3 years), Maine (1 year), Minnesota (4 years), New York (2 years), North Carolina (3 years), Oklahoma (3 years), Oregon (18

months), Texas (2 years), Utah (2 years), Virginia (2 years), Washington (3 years), and Wisconsin (1 year)

Delaware (age 14), Hawaii (age 14), Illinois (age 13), Louisiana (age 15), New York (age 14), North Carolina (age 12), Oklahoma

(age 14), Oregon (age 12), Texas (age 12), Utah (age 12), Virginia (age 14), and Washington (age 12)

the rights of an Indian parent may not be

terminated unless a qualied expert witness

has testied that leaving the child in the

parent's custody is likely to result in serious

emotional or physical harm to the child.

WHEN PARENTAL RIGHTS MAY BE

REINSTATED

A termination action can sever the rights of

one parent without affecting the rights of the

other parent. If the rights of both parents are

terminated, the State assumes legal custody

of the child along with the responsibility

for nalizing a permanent placement

for the child, either through adoption or

guardianship, within a reasonable amount

of time.

Approximately 25 States have provisions

for reinstating the rights of a parent whose

rights have been terminated.

In 18 States, if a

permanent placement has not been achieved

within a specic timeframe, a petition may be

led with the court requesting reinstatement

of the parent's rights.

In 12 States, the

statutes specify that reinstatement is available

only to older children who have not attained

a permanent placement.

In all cases, the

court must determine whether the parent has

made substantial progress in correcting the

conditions that led to the termination of

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his or her parental rights and now is able and

willing to provide the child with a safe home.

The court also must nd that reinstatement

of the parent's rights is in the best interests

of the child and that the parent and the child

both agree to the reinstatement.

In seven States, the State agency must

submit a permanency plan to the court, with

reintegration as a permanency goal, which

describes the transition services that will be

provided to the child and family to support

reintegration.

In 11 States, the court may

order a trial home placement or a period of

supervision by the State agency before the

restoration of rights is nalized.

In Alaska, a parent may petition for

restoration of rights only in cases in which a

birth parent has voluntarily relinquished his

or her rights at any time before an adoption

has been nalized. In Iowa, a petition for

setting aside a termination may be made only

in cases in which the parent has relinquished

a newborn. In Arkansas, Utah, and West

Virginia, reinstatement may be considered

when an adoptive placement has disrupted.

Arkansas, Colorado, Hawaii, Maine, New York, Virginia, and Washington

Arkansas, Colorado, Hawaii, Maine, New York, North Carolina, Oregon, Texas, Utah, Virginia, and Washington

SUGGESTED CITATION:

Child Welfare Information Gateway. (2021).

Grounds for involuntary termination of

parental rights. U.S. Department of Health and

Human Services, Administration for Children

and Families, Children's Bureau. https://www.

childwelfare.gov/topics/systemwide/laws-

policies/statutes/groundtermin/

This publication is a product of the State

Statutes Series prepared by Child Welfare

Information Gateway. While every attempt

has been made to be complete, additional

information on these topics may be in

other sections of a State’s code as well as

agency regulations, case law, and informal

practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/groundtermin/.

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau