If a parent fails to comply with a case plan within twelve (12) months from the removal date of the child or materially breaches a case plan, the Department of Children and Families, or any other person with knowledge of the facts, can file a petition which asks the judge to terminate parental rights.  This is a death sentence for the parent, as it literally means the person is no longer the legal guardian of his or her child.

Parental rights can also be terminated in cases where

• the parents have committed egregious conduct against a child or other sibling

• the parent will be incarcerated for a substantial portion of a child’s minority (ie. up to age 18)

• the parent has been convicted of certain crimes

• the parent has engaged in conduct that demonstrates that his or her continued involvement with the child is so threatening to the child that providing services to the family could not reasonably solve the problem.

A case plan does not have to be in effect to move forward to terminate parental rights in all cases.