Grounds for Termination of Parental Rights Louisiana
Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse
Failure to Maintain Contact
Failure to Provide Support
Child Judged in Need of Services/Dependent
Child in care 15 of 22 months (or less)
Felony assault of child or sibling
Murder/Manslaughter of sibling child
Circumstances That Are Not Grounds for Termination
Mental Illness or Deficiency
Alcohol or Drug Induced Incapacity
Failure to Establish Paternity
Child's Best Interest
La. Children's Code Ann. Art. 1015 (West, WESTLAW through La. 2003 Legis. Serv., Acts 609 & 781)
The grounds for termination of parental rights are:
Conviction of murder of the child's other parent;
Unjustified intentional killing of the child's other parent;
Misconduct of the parent toward this child or any other child in his household which constitutes extreme abuse, cruel and inhuman treatment, or grossly negligent behavior below a reasonable standard of human decency, including, but not limited to, the conviction, commission, aiding or abetting, attempting, conspiring, or soliciting to commit any of the following: murder, unjustified intentional killing, aggravated incest, rape, sodomy, torture, starvation, or a felony that has resulted in serious bodily injury;
Abuse or neglect which is chronic, life threatening, or results in gravely disabling physical or psychological injury or disfigurement;
Abuse or neglect after the child is returned to the parent's care and custody while under department supervision, when the child had previously been removed for his safety from the parent pursuant to a disposition judgment in a child in need of care proceeding;
The parent's parental rights to one or more of the child's siblings have been terminated due to neglect or abuse and prior attempts to rehabilitate the parent have been unsuccessful;
Sexual abuse, which shall include, but is not limited to acts which are prohibited by R.S. 14: 43.1, 43.2, 80, 81, 81.1, 81.2, 89 and 89.1;
The relinquishment of an infant pursuant to Title XI of this Code;
The commission of a felony rape by the natural parent which results in the conception of a child.
Abandonment of the child by placing him in the physical custody of a non-parent or by otherwise leaving him under circumstances demonstrating an intention to permanently avoid parental responsibility by any of the following:
For a period of at least 4 months as of the time of the hearing, despite a diligent search, the whereabouts of the child's parent continue to be unknown;
As of the time the petition is filed, the parent has failed to provide significant contributions to the child's care and support for any period of 6 consecutive months;
As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or communicating with him for any period of 6 consecutive months.
At least 1 year has elapsed (unless permitted sooner by the court) since a child was removed from the parent's custody pursuant to a court order and:
There has been no substantial parental compliance with a case plan for services which has been previously filed by the department and approved by the court as necessary for the safe return of the child;
Despite earlier intervention, there is no reasonable expectation of significant improvement in the parent's condition or conduct in the near future, considering the child's age and his need for a stable and permanent home.
The child is in the custody of the department pursuant to a court order or placement by the parent and:
The parent has been convicted and sentenced to a period of incarceration of such duration that the parent will not be able to care for the child for an extended period of time;
Despite notice by the department, the parent has refused or failed to provide a reasonable plan for the appropriate care of the child other than foster care.
