The Ins and Outs of Terminating Parental Rights in Texas: Forms and Procedures

The Lowdown on Termination of Parental Rights

The point at which a court orders the complete severance of the parent-child relationship is referred to as termination of parental rights. Terminating the parent-child relationship with a father or mother can be done for a variety of reasons, including but not limited to allegations or concerns regarding abuse or abandonment. Parents may also relinquish their parental rights and voluntarily terminate them without fault or legal wrongdoing.
Children are often adopted after parental rights termination. When the parent loses rights, they lose any authority that they would have had legally over the child. Instead , only the person adopting the child (for example) will have that authority. Courts believe that termination of parental rights is in the best interests of the child or children involved.
It is very difficult to terminate parental rights. The circumstances must be serious enough for the law to take such a harsh action against a person. To be able to seek termination of parental rights from the court, the conditions must involve more than just desire or preference. There must be strong evidence that the relationship with the birth or biological parent is harmful to the overall welfare of the child. In most cases, termination would only occur if there was physical or sexual abuse, drug or alcohol addiction, abandonment, or other serious conditions. A strong standard for proof is required where the birth parent is effectively stripped of his or her parenting rights.

Basis for Termination of Parental Rights in Texas

A parent may voluntarily terminate his/her parental rights to a child through a standardized form from the state of Texas. This form is called an Affidavit of Voluntary Relinquishment of Parental Rights. The Texas Department of Family and Protective Services ("DFPS") is then charged with the legal responsibility of filing a petition to terminate the parental rights to the child(s) of a parent who has completed the affidavit and forward the case to the proper jurisdiction.
There are many, many reasons to terminate a parent’s rights to a child in Texas. There is no greater example of a bad parent than one who abuses the child or otherwise neglects the child. Absent that, non-exhaustive list of legal grounds for termination of parental rights must be considered:
• Voluntarily sign an affidavit relinquishing parental rights;
• Abandonment of a child (without identifiable parent), including conduct showing a heinous heart (horrible) and/or abuse with physical injury;
• Abandonment of a child (with identifiable parent), including conduct showing a heinous heart (horrible) and/or abuse with physical injury;
• Endanger to the child’s physical or emotional well-being (i.e., drug abuse by parent, use of dangerous weapons or domestic violence);
• Murder or capital murder of another child or the child at issue;
• Sexual assault of the child or another child;
• Criminally negligent homicide (causing another source while exhibiting criminal negligence) of the child or another child; and,
• Conviction of felony for either of the above 4 illegal acts.

Termination Forms Texas Requires

Terminating parental rights in Texas is a complicated process that requires specific forms and a comprehensive understanding of the state’s legal framework. It’s essential to have the correct forms completed accurately and promptly to avoid any delays in the court proceedings. A Texas family law attorney with experience in terminating parental rights cases can offer advice on what to prepare.
The Texas Family Code outlines the necessary forms to complete when filing the termination of parental rights petition (TPR). Additionally, other forms may be needed to provide additional details about the child involved, information about any existing court orders about the child, or information about the party attempting to terminate parental rights. Specific forms required may vary depending on the nature of the TPR and the conditions surrounding the case.
Some of the forms in a typical termination of parental rights proceeding include:

• Attorney’s Information: This document provides the court with information about the attorney representing the party seeking termination of parental rights.
• Court Information Sheet (Form 1-158): You must submit this as your cover page with the Texas petition for termination of parental rights.
• Civil Case Information Sheet (Form S-113A): The title of the case must be reflected as: In the Interest of (Names of All Children). If applicable, you also list all the names of common children, joint children, intervenors, or possessory conservators.
• Affidavit of Military Status (J.C. 401-A): The U.S. Department of Defense establishes this document, including an affidavit from the applicant of military status.
• Petition to Terminate the Parent-Child Relationship and Order (Form 280A): If both parents are voluntarily relinquishing their parental rights, they must sign this form.
• Application to Declare Parent-Child Relationship (Form 340A): Petition filed to establish parentage and parental rights and duties.
• Notice of Birth of Person Under the Age of 18 (Form I-20), Local Form: These forms are typically used in cases to establish a parent-child relationship when the parent was not previously named on the birth certificate.
• Notice of Registration of Foreign Order (Form 304): This form is not required if the original order is attached to the petition to terminate parental rights.

The order terminating parental rights must be signed by the judge of the trial court and can be filed electronically by the clerk. the order is typically available from the local district clerk’s office. It may not be available online.

The Procedure and Court Proceedings

Terminating parental rights is a complicated legal process that varies slightly from state to state, but has many of the same general characteristics. This begins when the filing parent files a petition in court, and details the exact reasons for the termination. This must be done through the local district court. Obtaining a court order requiring the termination of parental rights requires that the petitioning parent follow very specific legal procedures, which are subject to strict time limits. In Texas, for example, a petition to terminate the rights of a parent must be made within three months after the parent last visited the child, or the date when the parent last paid the cost of support. Nevertheless, it is possible to file a petition on behalf of any relative of a child who has taken care of the child for at least six months prior to the termination filing.
The court will then have a hearing, although the court may appoint a jury for the termination. The attorney then presents evidence to the jury as to whether the parent’s rights should be terminated. After taking all testimony, the jury must enter a finding as to whether the termination should go forward. If the jury or judge recommends termination, the judge will end both parents’ rights.
Mental health issues or the possibility of redemption both can both become problematic for termination proceedings. Other parent rights to redemption or visitation with a child could become more complicated once a termination goes into effect. In some cases, a full explanation of the parent’s rights may be redefined. Child support obligations may be adjusted, but will not be eliminated through a termination proceeding. Again, every state is different, and so advice from a qualified lawyer on what to expect as an outcome is essential to this step of the process.

The Role of Legal Representation and Resources

The Court’s role in TX
While obtaining legal representation is not required to file an Original Suit Affecting Parent-Child Relationship, the Texas Family Code does require that a suit to terminate parental rights be filed by a licensed attorney. Exceptions exist for government agencies such as the Texas Department of Family and Protective Services who have the authority to file petitions seeking termination of parental rights under specific circumstances. In addition to the requirement for a licensed attorney to file a suit to terminate parental rights, the court has the authority to appoint lawyers for parents if: 1.) after a hearing or trial the court can reasonably determine that the parent is incompetent and remains incompetent for the duration of the proceeding, or 2.) after a hearing or trial determines that the parent’s rights should be terminated and the parent cannot afford a lawyer.
For many individuals across Texas simply filing a certificate of pro se status, or representing themselves pro se, is more financially feasible than hiring a lawyer. While the Texas Family Code allows pro se litigants to represent themselves, the courts will hold pro se litigants to the same standards as those represented by lawyers. Simply put, simply because you have the ability to file the petition pro se does not relieve an individual from the specific procedural rules they must comply with in order to have their petition heard and granted. Failing to abide by the rules set forth in the Texas Family Code , and specifically those rules found in Chapter 161 concerning suits to terminate parental rights, the individual runs the risk of having their case dismissed by the court.
In addition to the complexities of filing a petition to terminate parental rights in Texas, the term of art, "termination" has a very specific and strict legal meaning. Termination of parental rights is the relinquishment of parental rights with respect to a child under section 161.001 of the Texas Family Code and is not the same as a child’s adoption. The Texas Family Code refers to a parent "relinquishing" their parental rights, however, the use of the term "termination" instead of "relinquishment" is commonplace. The law is very specific on what constitutes grounds for termination under Section 161.001 and to even have a case heard by the court the Petitioner must sufficiently allege the grounds for termination in their Original Suit Affecting Parent-Child Relationship.
The American Bar Association’s State and Local Government Law Section hosts the Lawyer Referral Directory which allows you to search licensed attorneys practicing termination of parental rights in your area by providing their practice areas and areas of expertise. In addition to the Lawyer Referral Directory the State Bar of Texas provides additional resources such as the Lawyer Referral Information Service (LRIS) and the Find-a-Lawyer Searchable Database which also allows you to search based on city, area of practice and specific legal issue.

Implications for Allied Issues, such as Child Custody and Adoption

The decision to terminate parental rights is so serious that it has definite consequences, not only for the parents but also for the children. Once a parent’s rights are terminated then that parent has no access to the child and has absolutely no rights at all. The termination of parental rights can affect the child’s living arrangements. If the child is in the care of the state or, for example, if the child is currently living with a relative, the Texas Department of Family and Protective Services will decide what legally happens to the child as well as the level of financial support that will be provided for the child. If the child is living in a relative placement, it is possible that the family member(s) will have already begun the process of adopting the child. An adoptee may assume a new surname, which includes the deletion of the biological parent’s names on the birth certificate. Once eligible to adopt, a person’s legal paternal relationship to the adoptee may change how and when contact between the adoptive family and the biological parent occur.
If the child has been living outside of an adoptive home through the termination process, then as the process nears completion, the Department of Family and Protective Services or the adoptive parents’ attorneys likely will ask the biological parent(s) to voluntarily relinquish parental rights through the filing of Surrender of Parental Rights and Consent to Adopt forms. In most cases, the surrender and consent will be attached to the Petition to Terminate Parental Rights, and if the surrender and consent are signed and the Department of Family and Protective Services is the managing conservator of the child, the court will have enough evidence to terminate parental rights through the Order. Once the DTPR order is entered, the child can be adopted. The signed documents also preserve all rights of the child previously held by the biological parent(s) and establish the right/adoption of the state or the adoptive parents. The adoption rights override the biological parents’ rights to contact the child and have possession of the child. If signing the surrender and consent forms, the biological parents should clearly understand that the surrender and consent are irrevocable and the only way to regain parental rights to the child will be to file for reunification under The Family Code. The Department of Family and Protective Services can sometimes assist with keeping the biological parent(s) updated about the progress of the adoption and/or the well-being of the child.

Emotional and Psychological Factors

The decision to terminate parental rights can be profoundly impactful for the parties involved. For the parent relinquishing parental rights, the process may be a long and difficult path of grief and emotional detachment. The parent must separate themselves from the child both physically and psychologically; often, the child becomes someone known by family members or even someone merely referred to in photographs. The disconnection is typically permanent, and in many cases irreversible. Parents may seek counseling during the process both for themselves and their family members, including siblings of the child being adopted. Some parents may request visitation with the child that ends with the finality of the adoption process.
For the child, internal conflicts may arise as they age and become aware of the situation . Children frequently ask questions, such as "why didn’t you want me?", or "can I ever meet my real parents?" The child may, during the process, lose the "real" parent they know, when another parent terminates rights. Children often suffer emotional trauma in the mediation process, and should be treated on a therapy level. Base psychology affects the situation also, as the court must determine whether or not the relinquishing parent is competent. Parents with mental health disorders often lose parental rights due to the fact that a court may determine that their mental status prevents them from adequately caring for their child, and therefore parental rights may be revoked. Courts also must determine what is in the best interest of the child, which may not always equate to maintaining contact with the child’s biological parents.