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Termination of Parental Rights: Focus on Defendants

The result of investigations of child abuse and neglect allegations may include the State's taking action to terminate parental rights (TPR). Though unification is ostensibly the goal in the early stages of the proceedings, the defendants with the most difficulty complying with the demands of the child-protection agency—those with mental illness, developmental disabilities, learning disabilities, and other cognitive deficits—often find themselves on an inexorable course toward termination. The authors have drawn upon a sample of 300 cases from New Jersey to explore the diagnostic types among defendants in these cases. The results include a significant proportion of individuals with readily treatable conditions, such as mood and anxiety disorders, as well as those with varying degrees of cognitive deficits, whose needs often go unmet. The authors identified a high percentage of defendants with learning disorders and borderline intellectual functioning. The article concludes by discussing ways in which defense expert witnesses can enlighten the parties in TPR cases, thereby enhancing prospects for reunification where appropriate.