A DELICATE TASK: BALANCING THE RIGHTS OF CHILDREN AND MOTHERS IN PARENTAL TERMINATION PROCEEDINGS

Abstract

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time alone establishes parental fault and satisfies a parent’s due process rights. It also fails to protect the minority of children who assert an interest in preserving a safe relationship with mothers who are unlikely to meet the state’s schedule – including many substance abusers and victims of domestic violence.

Citation

Ross, C.J. (2004), "A DELICATE TASK: BALANCING THE RIGHTS OF CHILDREN AND MOTHERS IN PARENTAL TERMINATION PROCEEDINGS", Studies in Law, Politics and Society (Studies in Law, Politics, and Society, Vol. 33), Emerald Group Publishing Limited, Leeds, pp. 163-199. https://doi.org/10.1016/S1059-4337(04)33005-X