Incarceration Termination of Parental Rights

One of the more nettlesome public policy questions courts are forced to address is when and under what circumstances are the rights of a child’s parent to be terminated.  The right to procreate and to enjoy the comfort of one’s off spring has long been considered fundamental as a matter of constitutional law.  But how is this right meaningful in a world where a parent has been or will be incarcerated for a substantial portion of the child’s minority?  This is the question a unanimous Supreme Court sought to answer In Re: Adoption of S.P.    


Continue Reading PENNSYLVANIA DRAWS A LINE WHERE INCARCERATION MEETS TERMINATION