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The grounds for involuntary termination of parental rights are specific circumstances under which the child cannot be returned safely home because of risk of harm by the parent or the inability of the parent to provide for the child's basic needs.
In order to terminate their rights, a petition to terminate an absent parent's parental rights will need to be filed in family court.However, in situations where the other parent is also absent or deceased, another family member, legal guardian or state agency can request that parental rights be terminated.
Termination of Parental Rights A termination of parental right happens when a city agency (like NYC Administration for Children's Services - ACS) or foster care agency files a petition in Family Court asking a Judge to end a parent's parental rights. The petition must give a ground (legal reason) for the termination.
New York Penal Law § 260.00: Abandonment of a child A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than fourteen years old, he deserts such child in any place with intent to wholly abandon it.
You may voluntarily give up your parental rights if someone else wants to adopt the child, or if someone else has filed a petition to terminate your rights. You will typically need to go to a court hearing to let the judge know your wishes in person.
The parent or parents have left the child and failed to provide identification for the child (An example of this is providing a birth certificate); The parent or parents have failed to provide support for the child for an extended period of time;
Keep in mind that to win a case to terminate parental rights, you'll need to present very persuasive evidence to the court, such as lack of contact, lack of support, abandonment, abuse, neglect, ongoing indifference, or failure to care for the child.
In New York, the legally acceptable grounds for involuntary termination of parental rights are as follows: The parent has intentionally abandoned the child for six months or more.