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Maryland Motion for Dismissal Because Children Moved out of Foster Care

State:
Maryland
Control #:
MD-JB-069-07
Format:
PDF
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A07 Motion for Dismissal Because Children Moved out of Foster Care

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FAQ

Keep in mind that to win a case to terminate parental rights, you'll need to present very persuasive evidence to the court, such as lack of contact, lack of support, abandonment, abuse, neglect, ongoing indifference, or failure to care for the child.

Preparing Your Submission to the Court. In order to terminate your parental rights, the stepparent seeking to terminate your parental rights must serve you with court papers which give you notice of the pending action. Arguing Before the Court. Get Help in Your Termination of Parental Rights Matter.

Terminate family reunification means that the social services agency will no longer seek to reunify the parent with the children. The court can either follow the recommendation or continue reunification.

DCF must prove three main elements to win a TPR: a ground (there are several detailed by statute), that it made reasonable efforts to reunify and that termination of parental rights is in the child's best interests (this is the dispositional phase).

The grounds for involuntary termination of parental rights are specific circumstances under which the child cannot be returned safely home because of risk of harm by the parent or the inability of the parent to provide for the child's basic needs.

Child abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child without any regard for the child's physical health, safety or welfare and with the intention of wholly abandoning the child, or in some instances, fails to provide necessary care for a child living under their roof.

Terminating Parental Rights Any individual can file a petition in the court for guardianship or adoption before the child attains 18 years of age. A parent's rights can also be terminated by the local Department of Social Services by filing a court petition.

Once reunification services are terminated, the focus shifts to the needs of the child for permanency and stability. At this hearing, the court can terminate parental rights if the child is likely to be adopted.The preference of the law is that a child be freed for adoption.

At the hearing, the judge will ask both of the parties any questions that the judge might have. If the the parent the petition is filed against (the "Respondent") is there: The parent will be able to tell the judge whether he or she agrees or disagrees with having parental rights terminated.

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Maryland Motion for Dismissal Because Children Moved out of Foster Care