Which courts can terminate parental rights?
Two types of courts can terminate parental rights.
Probate Court: When a parent clearly states they want to give up their legal rights to a child, the Department of Children and Families (DCF) files a petition in the Probate Court. When the Probate Court grants a petition, it names DCF as the statutory parent. This gives DCF the authority to place a child.
Superior Court for Juvenile Matters: DCF will file a petition in this court if they believe a parent is unable or unwilling to rehabilitate and safely care for a child. To terminate parental rights, DCF must prove:
- There are sufficient grounds to terminate the rights of the parent
- Ending parental rights is in a child’s best interest
When this court grants termination petitions, the law allows parents to appeal the decision to the State Appellate Court. Parents maintain their rights until the Appellate Court makes a decision. This may take a year or more.