09/27/2018
"In interpreting this phrase, the court found that the legislature intended for courts to terminate rights “only in situations when it is absolutely essential to do so.” Thus, it required courts to explore whether “other feasible options exist that could address the specific problems or issues facing the family, short of imposing the ultimate remedy of terminating the parent’s rights.”
For example, the court offered, in cases “in which grandparents or other family members have (or are willing to) come forward to care for the child, courts should consider whether other less-permanent arrangements (for instance, a guardianship with a family member) might serve the child’s needs just as well in the short term, while preserving the possibility for rehabilitation of the parent-child relationship in the longer term.”
Vivek Sankaran argues that too often, the courts hurtle toward termination of parental rights when there's still a chance for parents to play a role