Currently there is no mechanism in the law to undo a termination of parental rights other than appeal. The window for filing an appeal or moving to set aside a termination of parental rights is extremely small at only 14 days. If the appeal or motion is not filed within that time then the chance to set aside an order terminating parental rights may be lost forever. Sadly there have been some cases where parental rights are terminated and children languish in foster care without being adopted. If the parents later reform and become fit they have no means of petitioning for their custody to be restored. Some states allow the parents of children in foster care to petition for custody to be restored. In Alabama, no such law exists. There should be a law to remedy these situations. To prevent children from bouncing around in the foster system until the age of majority and give parents the opportunity to reform and thereafter care for their children.
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Vicky Burdick
3/15/2017 02:16:06 pm
I the removal of the parental rights is based on a behavior such as drugs, possibly jail time, etc they should be told you have x amt of time to get clean & responsible & the case would be reviewed before finalization. Not a 3 strikes your out scenario, but a honest effort to be a responsible parent. Aso, required parenting classes & counseling to help them get on track. Leave a Reply. |
Austin BurdickAustin is an experienced litigation and constitutional law attorney. Archives
September 2018
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