Children's Guardian ad Litem Fund

The decision to terminate parental rights is never an easy one for a Guardian ad Litem volunteer. So, to help you make an informed decision, we have formulated a list of factors to consider.

• the child's needs

• the child's wishes and feelings (depending on the child's age)

• the abilities of the parents in relation to the

child's needs. Pros and cons of the proposed termination in relation to the child's circumstances (age, special needs,
length of placement, adoptability, etc.)

• the effect of the proposed termination on the child.

• the strength of the child's attachment and the child's capacity to form new attachments.

• the plan for the child if a termination is granted (adoption, adoption subsidy eligibility, guardianship) and the relative merits of the plan.

• alternatives to termination and the relative merits of such alternatives in achieving permanency for the child.

• the existence of other, untried services that are likely to succeed in reuniting the child and family within a reasonable time frame.

• services needed by the child (medical, psychological, educational, etc.)

• maintaining contact with the parents (“open adoption”) and whether or not this is advisable.

• relationships with extended family members.

• racial, ethnic, cultural and religious considerations.

• inheritance considerations and/or loss of other benefits derived from the parents.

To help determine if termination of parental rights is in the child's best interests, ask yourself the following questions:

• Did the court find the child to be neglected or abused?

• How long has the child been in care?

• What is the degree of bonding and attachment between the child and parent or the child and foster parent/caregiver? How severely would it affect the child to have this bond severed? Can anything be done to alleviate these effects?

• Is the child able to form new attachments?

• How old is the child? Is the child able to understand the concept of termination of parental rights? Has the child been told about the termination of parental rights? Does the child agree with termination of parental rights?

• Does the child have siblings? Can the siblings be placed in an adoptive home together? If not, how severely will it affect them to be separated? Can anything be done to remedy the problem, such as regular visits, attending the same school, group therapy?

• Does the Coalition have an adoptive placement ready for this child? Is it appropriate?

• If an adoptive placement is not immediately available, how long does the Coalition feel it will take to secure one?

• Have all the relatives of this child been contacted or considered regarding placement?

• If, considering the child's age, mental and emotional condition, it does not appear that adoption is an option, what would the child gain from TPR? What would the child lose?

• What is the plan for preparing the child for TPR and a change in placement?