What is the Termination of Parental Rights (TPR) Hearing?
The termination of parental rights (TPR) hearing is a court hearing where one’s parental rights are considered for dismissal. Here is what a parent should know about TPR hearings in California.
The termination of parental rights means that the individual who has had their parental rights removed is not a legal parent anymore and will be removed from the child’s birth certificate. Furthermore, this individual will not have the right to raise the child, and the child can be adopted without the previous parent’s consent. Finally, the individual whose parental rights have been terminated will no longer be obligated to pay child support.
Related: How to Terminate Parental Rights in California
Steps to Take Before a TPR Hearing in California
The termination of parental rights hearing requires the petitioning parent to complete several actions before the hearing date can be set.
The petitioning parent must file for the termination of parental rights of the other parent. This petition must argue for the other parent’s termination of parental rights based on one or more violations of California Family Code Sections 7822-7827. Some examples of violations that give way to the termination of parental rights include but are not limited to:
- Child abandonment or abuse
- Related: Child Abandonment Laws in California
- Child cruelty or neglect
- A parent’s substance or alcohol abuse
- A parent’s “moral depravity”
- A parent’s felony conviction
- If the parent is declared mentally ill or developmentally disabled
- Failure to pay child support
- The child’s preferences
- Other factors that affect the child’s best interests
Finally, the filing parent needs to complete the Investigation Questionnaire Form which can be found online with a specific version by county.
What Takes Place at TPR Hearings in California?
What happens in the termination of parental rights hearing depends upon whether or not the receiving parent (the “Respondent”) is present at the hearing.
If the Respondent is present at the hearing, they will have the opportunity to tell the judge whether they agree that their parental rights should or should not be terminated.
Related: How to Fight Termination of Parental Rights in California
If the Respondent is not present, the Judge must confirm that the Respondent was rightfully served with all of the legal papers and a notice of the time of the hearing. If the service was done improperly, then the judge may decide that they do not wish to proceed with the termination of parental rights. If the service was completed correctly, then the judge may proceed to continue to make a decision about the termination of parental rights without the respondent there.
After the judge has heard from everyone present, they may decide to immediately terminate the parent in question’s rights. However, if the judge decides that they need more time and information before making a decision on the determination, then they can set a trial date.
What Happens If the Judge Decides to Set Trial After the Parental Rights Termination Hearing?
Although a trial is not always necessary after a parental rights termination hearing, a judge may decide to set a trial date if they deem it necessary following the hearing. Here is what the filing parent can expect if the judge decides on a trial:
A trial is most likely to occur if the Respondent objects to the termination of their parental rights, however, it is not always guaranteed.
The purpose of the trial is for the judge to collect as much information as possible, including hearing from witnesses and examining evidence that may be necessary.
Additionally, the judge may have specific instructions for both the filing parent and the respondent to complete before the trial. It is recommended for either parent to hire an attorney to assist them and aid in representing them during the trial.
What Happens if the Judge Approves the Termination for Parental Rights?
The judge can approve the termination for parental rights, either directly after the hearing or after the trial.
Following this approval, the filing parent must prepare an order of Termination of Parental Rights for the judge to sign. This can be found online and specifically by county in California. Additionally, after the judge signs and files the Order, the filing parent is required to fill out a Notice of Entry Order and attach a copy of the order of Termination of Parental Rights. Both orders must be filed and a copy must be mailed to the other party in order to complete the termination.
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