This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
South Carolina Grounds for Involuntary Termination of Parental Rights: Explained In South Carolina, the grounds for involuntary termination of parental rights are outlined in the South Carolina Code of Laws, specifically Section 63-7-2570. These grounds are established to protect the best interests of the child and provide them with a safe and stable environment. 1. Abuse or Neglect: If a parent has abused or neglected their child, resulting in the child's harm or risk of harm, their parental rights may be terminated. Abuse includes physical, emotional, or sexual abuse, while neglect refers to a lack of adequate care, supervision, or inattention to the child's needs. 2. Abandonment: If a parent has willfully abandoned their child for a period of six months or more, without providing support or showing a reasonable intent to resume care, their parental rights may be terminated. This ground generally requires clear and convincing evidence of abandonment. 3. Failure to Support: If a parent has willfully failed to support their child, both financially and emotionally, for a continuous period of at least one year, their parental rights may be terminated. The court considers the parent's ability to provide support and their willful and substantial failure to support the child's well-being. 4. Felony Conviction: If a parent has been convicted of a felony involving the infliction of serious bodily injury to the child or another child of the parent, their parental rights may be terminated. This ground applies when the conviction demonstrates that the parent presents a significant risk of harm to the child. 5. Failure of Reasonable Efforts: If the Department of Social Services (DSS) has made reasonable efforts to reunify the child with the parent, including providing appropriate services and support, and the parent has not made sufficient progress within a specified time frame, their parental rights may be terminated. This ground aims to ensure the child's safety and well-being. 6. Sexual Abuse or Exploitation: If a parent has committed sexual abuse or exploitation against the child or another child in the household, their parental rights may be terminated. This includes incidents where the parent allowed someone else to abuse or exploit the child. It is important to note that these grounds for involuntary termination of parental rights may vary depending on the specific circumstances of each case. The court carefully considers the evidence presented and evaluates the best interests of the child before making a decision.
