NCJ Number
93772
Journal
New England Journal on Criminal and Civil Confinement Volume: 10 Issue: 1 Dated: (Winter 1984) Pages: 147-167
Date Published
1984
Length
21 pages
Annotation
This essay presents the parameters of parental termination proceedings for Massachusetts inmates.
Abstract
General procedures are examined from the moment the parent is sentenced to the final dispositional phase of the termination proceedings. The evolution of Massachusetts' two-prong test for the termination of parental rights is traced and the interplay between the tests's concern for the best interests of the child and its requirement that parental unfitness be shown is examined. The particular factors which bear upon incarcerated parents' maintenance of their children are then explored from both a practical and a policy perspective. Finally, long-term foster care is proposed as a more suitable alternative for the handling of the children of incarcerated parents. In Massachusetts, the hearing is bifurcated into a adjudicatory and a dispositional phase. The adjudicatory phase focuses on fact finding to determine whether sufficient grounds exist to warrant the termination of parental rights. Statutory standards do not delineate specific guidelines and factors the court may or may not consider. In the dispositional phase, the court determines whether the child will be removed from the present environment and whether the order will be temporary or permanent. The parent may, in some cases, appeal the disposition. Four issues which bear upon inmates' maintenance of their parental rights are the prior and present parent-child bond, visitation between parent and child following the parent's imprisonment, the child's age and the length of the parent's sentence, and feasible alternatives to termination of parent custody. In the latter instance, the establishment of a guardianship is particularly suited to incarcerated parents, because it permits the parent to choose someone with whom the child is familiar. Where guardianship is not practical, a well-designed, long-term foster care program may be a workable solution. The primary advantage of long-term placement is the inmate's retaining of parental rights while providing a stable environment for the child. To date, Massachusetts statutes do not provide for long-term placement. In fact, there is a presumption that once the child is in the custody or care of a child care agency for more than 1 year, it is in the best interest of the child to establish permanent removal. A total of 144 footnotes are provided.