This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
In Washington, the grounds for involuntary termination of parental rights are specific circumstances that must be proven in court to justify the permanent removal of a parent's rights and responsibilities towards their child. These grounds are outlined in the Revised Code of Washington (RCW) and are aimed at ensuring the best interests and welfare of the child. One type of grounds for involuntary termination is abandonment. This occurs when a parent has left the child without maintaining a substantial relationship or without providing necessary support for an extended period of time. The abandonment must be willful and without justifiable cause. Another ground for termination is neglect or abuse. If a parent fails to provide proper care, guidance, or maintenance for the child, or if they subject the child to physical, emotional, or sexual abuse, their parental rights may be terminated. Additionally, the courts may terminate parental rights if the parent is found to be unfit. Unfitness can encompass various factors such as chronic substance abuse, mental illness, criminal activity, incarceration, or a history of domestic violence that poses a risk to the child's safety and well-being. Washington State also allows for involuntary termination based on the parent's long-term unavailability, incapacity, or inability to remedy specified issues. For instance, if a parent's severe and chronic mental illness prevents them from adequately caring for the child, termination of parental rights may be considered. The courts may also terminate parental rights if the child has been placed in out-of-home care for a certain duration under a court order, and the parent has failed to remedy the conditions that led to the child's placement. Furthermore, when a child has been abandoned, abused, or neglected by their parent, and the parent refuses or fails to participate in appropriate services or treatment necessary to meet the child's needs, termination of parental rights may be sought. It is essential to note that involuntary termination of parental rights is a serious legal process that must adhere to legal standards and procedural requirements. The Washington courts prioritize the child's well-being and only consider termination when it is determined to be in the child's best interests.
