Articles Posted in Parental Rights Termination

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Sometimes parental rights are terminated due to a parent’s failure to make reasonable progress to correct the situation that resulted in a child being removed from the home. But how does the court measure reasonable progress? And when does it do the measuring? In a recent North Carolina parental rights case, a mother appealed from the lower court’s order terminating her parental rights for failure to make reasonable progress to correction conditions that led to her being removed from the home.

The case arose when the Department of Social Services got nonsecure custody of a child. They petitioned the court, claiming she was neglected and that her home was made harmful by domestic violence between the parents. The mother had been choked in the child’s presence ,when the child was only four months at the time, and there was also a bruise on her arm. The mother had filed charges against the father for injuring the child in question’s half-sibling who had to go live with her father.

The lower court found that the child was neglected. She was placed with her paternal grandmother. The lower court ordered the mother to follow an out-of-home service agreement that required her to complete various tasks, including getting psychological and mental health assessments and refraining from criminal actions. She also had to get and keep a stable income for at least three months in a row. She was permitted 90 minutes of supervised visitation with her child each week.

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