45.0401 Termination of parental rights in a child.

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(a) The Court may, upon petition, terminate all rights of a parent or parents in a child in:

(1) proceedings under paragraph (a)(3) of 45.0115 by which the Court has determined the child to be neglected by one or both parents or to be dependent; or

(2) proceedings under paragraph (a)(5) of 45.0115 by which a parent or parents jointly or either of them severally voluntarily relinquish all the parental rights which they or each of them may have in a child, natural or adopted.

(b) No parent may relinquish his parental rights in a child other than in accordance with the provisions of this chapter.

History:1980, PL 16-71 § 1.

Case Notes:

Where grounds for petition to terminate parental rights were simply that the child’s grandmother had taken care of her since birth, the petition failed to show circumstances of a “neglected or dependent child” as required by territorial statute. A.S.C.A. §§ 45.0401(a)(1) & (a)(3). In re A Minor Child, 12 A.S.R.2d 15 (1989).

For parental rights to be voluntarily relinquished, the court must be satisfied that the relinquishing parent was counseled and fully advised of the consequences and that relinquishment best serves the interests of all concerned parties. A.S.C.A. §§ 45.0401(a)(2), (d), & (f). In re A Minor Child, 12 A.S.R.2d 15 (1989).

Proceedings to terminate parental rights upon ground that the children are neglected and dependent are adversarial in nature, in contrast to relinquishment proceedings which are voluntary. A.S.C.A. §§ 45.0115, 45.0103, 45.0401. In re Two Minor Children, 8 A.S.R.2d 75 (1988).

Research Guide: CRS 194-101.