It will be easier for the Department of Human Services to trigger court hearings to terminate parental rights and initiate adoption of children in long-term foster care, if a bill approved in committee Wednesday becomes law.
The measure, sponsored by Sen. Louis Patrick Hill, attempts to respond to concerns of foster parents, family law attorneys and Human Services professionals working with children who have been separated from their families, by clarifying the process for terminating parental rights.
Under existing law, Human Services’ Family Division may ask the court to terminate parental rights under very specific circumstances. The court may terminate parental rights if the child was removed from the home for abuse or neglect, and if after more than six months, despite diligent government efforts, the court cannot be reasonably certain abuse the child will not suffer more abuse or neglect.
Under the proposed bill, the grounds and process for termination are laid out in greater detail, and proceedings are triggered automatically in some situations, such as if the parent is a habitual violent felon. The court would be able to terminate parental rights if it finds by clear and convincing evidence that any of the following grounds exists:
– it is in the best interest of the child;
– abandonment has occurred for more than six months;
– unwillingness or substantial noncompliance with reasonable efforts to achieve reunification;
– the child has been removed from the home for more than six months and the conditions that led to the child’s removal "in all reasonable probability would cause the child to be subjected to further abuse or neglect still persist;
– when the child has not been in the physical custody of the parent for 15 of the most recent 22 months; a presumption exists that the above conditions exist unless the parent can prove it is more likely than not the child will be returned within six months;
– the parent has been found to have committed aggravated child abuse;
– the parent is incarcerated and either will be in jail for a substantial time before the child is 18 or the court has determined the parent is a habitual violent felon or sexual predator;
– the parent is convicted of the intentional and wrongful death of the child’s other parent or legal guardian;
– the parent has failed to comply with child support obligations;
– and an array of other severe circumstances.
Any interested party or relative could file a petition to the court for termination of parental rights. A child age 15 or over would have the right to decide for themselves if they supported termination of rights.
Human Services professionals, foster parents and family law attorneys gave qualified support to the measure, saying the existing law needed reform and many children could be given stable, supportive adoptive homes if it were.
"We agree that the current statute that addresses termination of parental rights requires amending and it is imperative that the statute be made into a vehicle that will effectively enable children to transition from being wards of the government to a legal status that allows them to obtain one of the most important foundations of their social and psychological development… permanence," testified Acting Assistant Human Services Commissioner Carla Benjamin.
There are currently 136 children in foster care in the territory, 87 in the St. Croix district and 49 in the St. Thomas-St. John district, Benjamin said. "Termination of parental rights frees children up for adoption and is one of the only mechanisms through which children can successfully exit the foster care system,” she said. “It is critical that termination of parental rights proceedings take place in a standard manner on a consistent basis."
Manuel James, president of the St. Thomas chapter of the V.I. Adoptive and Foster Parents, testified about his personal ordeal, attempting to adopt a child for nearly eight years.
But Benjamin and others objected that child support or other financial considerations were inappropriate grounds for termination of rights, and that any petition to terminate parental rights should be endorsed by Human Services before triggering a court hearing.
Sen. Alicia "Chucky" Hansen expressed concern about taking parental rights away when a parent has fallen on hard times but loves their child, saying a person could end up in jail for self-defense, or lose their mind and later get back on their feet, and still love their child.
Committee member Sen. Patrick Sprauve offered an amendment on Hill’s behalf, saying nonpayment of child support must be done "willfully" to trigger hearings on parental rights, and eliminating the list of people who would automatically have the right to independently petition for termination. The amendment was approved with Hansen not voting.
The bill was sent on for further consideration by the Rules and Judiciary Committee. Voting yea were Sprauve, Sens. Janette Millin-Young, Craig Barshinger, Shawn-Michael Malone, Terrence "Positive" Nelson and Alvin Williams. Hansen voted nay.
