Involuntary termination of parental rights in Arkansas means that the person who rights are terminated is no longer the legal parent of the child in question. Under the law, the person who used to be a parent no longer has a child, and the child no longer has a parent. How does this happen? Who can initiate the process?
There are two ways that termination of parental rights in Arkansas can come about.
The state calls for termination of parental rights
The Arkansas Department of Human Services (DHS) or a court-appointed Attorney Ad Litem can file for termination of a parent’s rights if the parent is unfit — but only to make adoption possible. The law states that “This section shall be used only in cases in which the department is attempting to clear a juvenile for permanent placement by terminating the parental rights of a parent and putative parent.”
Even if a parent has abandoned or abused a child, is an addict or incarcerated, there is no automatic termination of parental rights in Arkansas. “The intent of this section is to provide permanency in a juvenile’s life in all instances in which the return of a juvenile to the family home is contrary to the juvenile’s health, safety, or welfare and it appears from the evidence that a return to the family home cannot be accomplished in a reasonable period of time as viewed from the juvenile’s perspective.”
An individual can petition for termination of rights
This kind of request for termination of rights must also be in the context of an adoption. That is, a neighbor who believes Mr. X is an unfit parent can’t just ask for his rights to be terminated and his children placed in foster care. Anyone can report an endangered child and that child may be removed from their unsafe living situation and placed in foster care. But the goal of the foster care system is to keep families together if possible, and DHS will try to help Mr. X qualify to reunite with his children.
Individuals can ask for termination of parental rights in order to allow an adoption.
Who can request termination of rights?
A birth parent can relinquish a child and make that child available for adoption. It is not necessary for the parent to participate in the adoption or to have an adoptive family available. The child will go into foster care until an adoptive family if found.
If you are pregnant and considering adoption, you have the right to choose a family for your child. You don’t have to, but you might prefer to do so.
There are other possibilities. The law says this:
A petition for termination of the relationships of parent and child made in connection with an adoption proceeding may be made by:
(1) Either parent if termination of the relationship is sought with respect to the other parent;
(2) The petitioner for adoption, the guardian of the person, the legal custodian of the child, or the individual standing in parental relationship to the child or the attorney ad litem for the child;
(3) An agency; or
(4) Any other person having a legitimate interest in the matter.
There are many possible situations in which this could come up. For example, the prospective adoptive parent can file the petition if the child has been abandoned by the parents. . One of the child’s parents can file the petition to free the child for adoption by the stepparent. The guardian of the child can file the petition if they are convinced that their caregiving relationship with the child will turn out to be permanent.
This part of Arkansas family law is intended to make it possible for a child to gain a safe, stable home with an adoptive family. Heimer Law is a family law firm specializing in adoption. Contact us if you’re considering adoption. We offer a free initial consultation.
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