National Alliance For Drug Endangered Children

Help. Hope. Support.

Donate Today

Find Out How You Can Help

Incarcerated parents and parents in residential substance abuse treatment with children in foster care: Termination of parental rights and other issues

New York State Office of Children & Family Services – 2011

A New York State administrative directive on the termination of parental rights when a child has been in long-term foster care due to parental incarceration or residential drug treatment. Presents background on federal and state legislation related to permanency planning. Discusses New York legislation that addresses parents who are incarcerated or in residential substance abuse treatment with children who have been in foster care for over one year. Describes the process for filing termination of parental rights (TPR). Exceptions for filing TPR include parents who maintain a meaningful role in the child’s life. Other factors are also assessed and taken into consideration, including the parent-child relationship prior to incarceration or treatment. Outlines child welfare procedures for incarcerated parents and parents in residential treatment programs. Also discusses procedures for young parents who are in custody at juvenile justice facilities.