NCJ Number
132156
Journal
Children's Legal Rights Journal Volume: 11 Issue: 2 Dated: (Summer 1990) Pages: 2-7
Date Published
1990
Length
6 pages
Annotation
Although New York law requires that child protection agencies must make a "diligent effort" to encourage and strengthen the parental relationship prior to any termination of parental custody, this requirement may be waived if it is in the best interests of the child.
Abstract
The New York Code of Rules and Regulations provides a list of evidence that would indicate efforts to encourage and strengthen the parental relationship would not be in the child's best interests. One such circumstance is when a parent's addiction to alcohol or drugs is of such a degree that the parent's ability to function in a mature and reasonable manner is impaired. Another condition that could cause the waiver of efforts to strengthen the parent-child bond is consistent expressed hostility by the parent toward the child or evidence of neglect or abuse when the child has visited the parent. Other conditions that could cause waiver of the requirement are the child's resistance to contacts with parents, serious mental illness in the parent, and parental mental retardation that seriously impairs parental functioning. In anticipating a potential termination action, the child protection agency should seek court approval for its decision either to terminate services to the family or to end a parent's visitation with the child. A full hearing on these issues will prevent the defeat of a future termination action.