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The judge must determine at the fact-finding hearing if the respondent parent: Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child.
You cannot voluntarily surrender your parental rights in New York State. New York State will not relieve you of the responsibility to your children without some other person being willing to step up and take your place, such as adoption.
Parental rights may be terminated if a parent has signed away their rights in an affidavit of voluntary relinquishment of parental rights.
An order terminating parental rights shall be granted only upon a finding that one or more of the following grounds are based upon clear and convincing proof: The parent has abandoned the child for 6 months immediately prior to the date on which the petition is filed in the court.
There are five legal grounds to terminate parental rights: abandonment, permanent neglect, mental illness, mental retardation, and severe and repeated abuse. Parents have the right to a free, court-appointed lawyer for a termination case if the Judge thinks that the parent cant afford a lawyer.
Under our law, a person is guilty of Abandonment of a Child when, being a parent, guardian or other person legally charged with the care or custody of a child1 less than fourteen years old, he deserts such child in any place with intent to wholly abandon it.
At some point in time that varies depending on the circumstances, the focus changes from reunification to another permanent plan, and the process to terminate parental rights is initiated. This typically takes from one to two years after a child has entered state care.
Grounds for involuntary termination The parent has intentionally abandoned the child for six months or more. The parent has a severe mental health disability that leaves them unable to care for the child. The child has experienced frequent and severe abuse at the parents hands.