Working with Child Deprivation Cases in Georgia's Juvenile Courts

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Termination of Parental Rights

A. OVERVIEW

A petition for the termination of parental rights is often filed by the DFCS when it appears that efforts to reunite the family will either be futile, or potentially endanger the child emotionally and physically. A termination petition can also be filed on behalf of the child by his or her guardian ad litem. O.C.G.A. § 15-11-82(b). However, an outside law guardian is appointed to represent the child's interests if the original law guardian becomes the petitioner. An order terminating parental rights has the effect of ending all rights and obligations of the parent with respect to the child and the child to the parent including the right of inheritance. The parent will have no right to notice of or to object to the future adoption of that child into another home. O.C.G.A. § 15-11-80. The termination of one parent's rights with respect to the child has no effect on the legal rights of another child. O.C.G.A. § 15-11-92.

Once a parent's rights have been terminated, all obligations to support the child end and the state may not require the parent to support a child now in custody of DFCS. Dept. of Human Resources v. Ammons, 206 Ga. App. 805 (1992). In addition, a juvenile court may not reserve inheritance rights for a child in an order terminating parental rights. Spence v. Levi, 133 Ga. App. 581 (1974). The venue requirements for a petition to terminate parental rights mirror those of a petition alleging the child to be deprived. O.C.G.A. § 15-11-15. The Court of Appeals has held that in a proceeding to terminate parental rights, a petition can also be filed in the county in which the child resides in a foster home if that location is different from the county in which the first action concerning the child was filed. Cain v. Department of Human Resources, 166 Ga. App. 801 (1983).

For the law guardian, the termination of parental rights may be the final chapter in a case on which he or she has been the child's advocate for a number of months or even years. The same level of participation in the hearings and the same degree of preparation is required of the law guardian as in prior hearings. If this action ends the involvement of the law guardian/CASA with the child, or whoever the relationship ceases, it is important for the law guardian/CASA to discuss with the child, in a developmentally appropriate manner, the end of the representation. It is also crucial to determine what future contacts, if any, the child and the law guardian/CASA will have. ABA Standards, supra F-5.