Circumstances That Are Grounds for Termination of Parental RightsSoc. Serv. Law §§ 358-a; 384-b
An order terminating parental rights shall be granted only upon a finding that one or
more of the grounds specified below 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. - Here, that won't be found.
The parent is presently and for the foreseeable future unable, by reason of mental illness or mental retardation, to provide proper and adequate care for the child. -- Not so here, as he does pay CS.
The child is a permanently neglected child.
The parent severely or repeatedly abused such child. -- CONSIDER this one if it applies.
When a court determines that reasonable efforts to reunite the child with his or her
parent are not required, a petition to terminate parental rights may be filed immediately.
Reasonable efforts shall not be required when:
The parent has subjected the child to aggravated circumstances, as defined below.
The parent of such child has been convicted of:•
Murder or voluntary manslaughter and the victim was another child of the parent.
The attempt to commit any of the above crimes-
Assault or aggravated assault upon a person less than age 11 that resulted in serious physical injury to the »»child or another child of the parent
The parent has failed for 6 months to keep the agency apprised of his or her location.•
An incarcerated parent has failed on more than one occasion to cooperate with efforts to assist the parent to plan for the future of the child or to plan and arrange visits with the child.
The parental rights of the parent to a sibling of the child have been involuntarily terminated.•
‘'Aggravated circumstances'' means:
A child has been either severely or repeatedly abused. •
A child has subsequently been found to be an abused child within 5 years after returning home following placement in foster care as a result of being found to be a neglected child.
The parent of a child in foster care has refused and has failed completely, over a period of at least 6 months from the date of removal, to engage in services necessary to eliminate the risk of abuse or neglect.