What is termination of parental rights?

Governing Statute and Case Law for Termination of Parental Rights

Welfare and Institutions Code section 366.26 is ‘the exclusive vehicle for terminating parental rights when a child has been declared a dependent of the juvenile court.’ (Jackson v. Fitzgibbons (2005) 127 Cal.App.4th 329, 334 citing County of Ventura v. Gonzales (2001) 88 Cal.App.4th 1120, 1124) An order terminating parental rights terminates the parental duty of support, and it also terminates all rights of the parent in and to the child as well as the rights of the child in and to the parent.” (Jackson v. Fitzgibbons (2005) 127 Cal.App.4th 329, 335.)

Jackson v. Fitzgibbons (2005) 127 Cal.App.4th 329, 335, is a case in which the court found a child lacked standing to bring a wrongful death action on behalf of her biological mother. The court concluded that the order terminating her biological mother’s parental rights pursuant to Welfare and Institutions Code section 366.26 had ended the parent-child relationship. (Id.)

In speaking to the effect of termination, the court in Fraizer noted, “the parents were parents no longer... [a]s a result of the order terminating parental rights, the court permanently terminated all parental rights and obligations of parents to child, and all rights and obligations of the child to the parents.” (Fraizer v. Velkura (2001) 91 Cal.App.4th 942, 946) “‘The proceedings to declare a child free from parental control . . . contemplate . . . the severance of the relationship between the child and its parent or parents.’” (Fraizer v. Velkura (2001) 91 Cal.App.4th 942, 946 quoting In re Zimmerman (1962) 206 Cal.App.2d 835, 843.)

Constitutional Rights of Parents

To terminate parental rights the State must conduct a hearing under a constitutionally proper standard. (Santosky v. Kramer (1982) 455 U.S. 745, 770.)

“Parents and children have a well-elaborated constitutional right to live together without governmental interference.” (Rogers, infra, 487 F.3d 1288, 1294 citing Wallis v. Spencer (2000) 202 F.3d 1126, 1136.) “The Fourteenth Amendment guarantees that parents will not be separated from their children without due process of law except in emergencies.” (Mabe v. San Bernardino County, Dep't of Pub. Soc. Servs.(2001) 237 F.3d 1101, 1107.) “

Officials violate this right if they remove a child from the home absent ‘information at the time of the seizure that establishes ‘reasonable cause to believe that the child is in imminent danger of serious bodily injury and that the scope of the intrusion is reasonably necessary to avert that specific injury.’” ( Id. quoting Wallis, 202 F.3d at 1138).) “The Fourth Amendment also protects children from removal from their homes absent such a showing. (Doe v. Lebbos (2003) 348 F.3d 820, 827 n. 9.) “Officials, including social workers, who remove a child from its home without a warrant must have reasonable cause to believe that the child is likely to experience serious bodily harm in the time that would be required to obtain a warrant.” (Rogers v. County of San Joaquin (2007) 487 F.3d 1288, 1294.)

Useful Rulings on Termination of Parental Rights

Recent Rulings on Termination of Parental Rights

PETITION OF ANGELA JUEL-MCDONALD FISHER

Evidence of termination of parental rights of father as referenced in petition PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petitioner still must do the following: 1. Appear at the hearing 2. File a Proof of Publication of Order to Show Cause For Change of Name JOSE GUADALUPE TORRES CASTANED PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Continue to 2-18-20, pursuant to 12-12-19 m.o. MARK S UNGER OLIVER W.

  • Hearing

    Jan 14, 2020

RE: OSC RE: NAME CHANGE

Evidence of termination of parental rights of father as referenced in petition Parties: Attorneys: ANGELA FISHER JAMES FISHEL

  • Hearing

    Jan 14, 2020

KIZER V. SONOMA VALLEY UNIFIED SCHOOL DISTRICT

Welfare and Institutions Code section 366.26 is ‘the exclusive vehicle for terminating parental rights when a child has been declared a dependent of the juvenile court.’ [Citation.] An order terminating parental rights terminates the parental duty of support, and it also terminates all rights of the parent in and to the child as well as the rights of the child in and to the parent.” (Jackson v.

  • Hearing

    Jan 05, 2018

KIZER V. SONOMA VALLEY UNIFIED SCHOOL DISTRICT

Welfare and Institutions Code section 366.26 is ‘the exclusive vehicle for terminating parental rights when a child has been declared a dependent of the juvenile court.’ [Citation.] An order terminating parental rights terminates the parental duty of support, and it also terminates all rights of the parent in and to the child as well as the rights of the child in and to the parent.” (Jackson v.

  • Hearing

    Jan 05, 2018

RE: PET’N FOR APPT OF LIMITED CONS OF PERSON

No Petition for Termination of parental rights has been filed

  • Hearing

    Apr 24, 2017

ABD ALLAH VS MV PUBLIC TRANSPORTATION

Code, §15600 et seq.); (2) actions and proceedings relating to unlawful detainer; (3) actions and proceedings to terminate parental rights; (4) actions and proceedings relating to conservatorship or guardianship; (5) actions and proceedings by a parent to obtain sole legal or physical custody of a child or rights to visitation; (6) all other actions and proceedings under Code of Civil Procedure section 527.6 or the Elder Abuse and Dependent Adult Civil Protection Act; (7) all other actions and proceedings related

  • Hearing

    Apr 03, 2017

RE: PET’N FOR TERMINATION OF GUARDIANSHIP

CRC 7.52; OR(3) Submit evidence that her parental rights have been terminated 4. Do one or the other, but not both: (1) Have a copy of the Notice of Hearing and Petition Form GC-210 served by mail on paternal grandmother and file Proof of Service or have each person sign a consent and waiver form (GC-211); OR (2) If a person cannot be found, submit a declaration (GC-02) explaining what efforts have been made to find that person. CRC 7.52 5.

  • Hearing

    Mar 20, 2017

RE: PET’N FOR TERMINATION OF GUARDIANSHIP

CRC 7.52; OR(3) Submit evidence that her parental rights have been terminated 3. Do one or the other, but not both: (1) Have a copy of the Notice of Hearing and Petition Form GC-210 served by mail on paternal grandmother and file Proof of Service or have each person sign a consent and waiver form (GC-211); OR (2) If a person cannot be found, submit a declaration (GC-02) explaining what efforts have been made to find that person. CRC 7.52 4.

  • Hearing

    Nov 18, 2016

Real v. County of Orange Social Services Agency

However, these arguments fail because Petitioner makes no showing that incompetence of counsel or ineffective assistance of counsel have any application in a general civil proceeding or in a family law proceeding that does not involve termination of parental rights. (Cf. In re Kristin H. (1996) 46 Cal.App.4th 1635, 1662.) Constitutional provisions relating to the right to counsel refer specifically to criminal prosecutions and do not apply to civil proceedings. (Chevalier v.

  • Hearing

    Aug 01, 2016

GUARDIANSHIP OF RYAN HERBERT KROEMER

Nature of Proceedings: PETITION FOR TERMINATION OF PARENTAL RIGHTS No tentative.

  • Hearing

    Sep 11, 2008

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