| Parental
Consent to Termination |
A
parent may consent to termination of parental rights (TPR) at any time
prior to or subsequent to the filing of a petition.
The parent may consent after a petition for termination of parental
rights is filed as long as she has provided consent before the decree
(judge’s final decision) is issued. |
| Requirements
for Parental Consent |
If a parent
consents to TPR, s/he must sign the Affidavit/Consent to Termination of
Parental Rights form (JD-JM-60) in the presence of a notary. The consent
must be knowing and voluntary. The parent must read the consent form
carefully, or have it read to him/her in his/her native language because
it details the parent's rights and the consequences of the TPR.
Important:
Once a parent signs the affidavit/consent, he or she does not have
to appear in court unless specified by court order. However, it is
best-case practice to have the parent attend the hearing.
In a case in which the Indian Child Welfare Act applies, the
consenting parent must appear in court and be subjected to a
canvass by the judge.
Legal Reference:
Conn. Gen. Stat. §45a-717(a);
Indian Child Welfare Act.
Cross-reference:
See
policy 31-9-7, Native
American Families. |
| When
Parental Consent is Not Permitted |
No
consent to TPR shall be executed within the forty-eight (48) hours
immediately after the birth of the child. |
| When a
Minor Parent Consents |
A
parent who is a minor has the right to consent to a termination of
parental rights regarding his/her child(ren).
Due
to the age of the parent, a guardian ad litem (GAL) must be
appointed by the court to ensure that the minor parent is giving an
informed and voluntary consent. The GAL does not have the authority to
overrule the minor parent’s decision. The GAL’s sole role is to ensure
that the minor parent is fully informed as to the consequences of his/her
decision.
A
minor parent who has consented to the termination of parental rights
cannot ask the court to void the decision later based solely on his/her
age at the time of consent. |
| Other
Grounds Needed |
Once
a parent has signed the consent form, it is not necessary to allege any
other ground for TPR. In some instances a court may allow a parent to revoke
his/her consent; therefore, it is advisable to include an alternative
non-consensual ground in the petition in case this happens. |
| Findings
to be Made by the Court |
Once
a parent consents to TPR the court must find that
-
a
TPR is in the child's best interests by clear and convincing evidence,
and
-
the
parent's consent was made knowingly and voluntarily.
The
court does not have to make a reasonable efforts finding.
The court does not have to make written findings regarding the
seven (7) factors in the dispositional phase in a consensual TPR. |
| Denial of
Consent |
The
court may deny a consensual TPR on the grounds that it is not in the best
interests of the child, or that the consent was not made knowingly and
voluntarily. |
| Consent
By One Parent Only |
Consent
for the termination of parental rights of one parent does not diminish the
parental rights of the other parent of the child, nor does it relieve the
other parent of the duty to support the child. |
