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In Re Guardianship of J.C

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Brief Fact Summary. A.C. placed her children in foster care, but continued visitation of the children. The agency concluded that the children could not be returned to her successfully, and filed a petition seeking termination of A.C.’s parental rights.

Synopsis of Rule of Law. Expert testimony directed to the strength of each relationship is necessary to weigh the potential harm of terminating the child’s relationship with her mother against that which might come from removing her from her foster home.

Points of Law - Legal Principles in this Case for Law Students.

The court must find (1) that the child's health and development has been or will be seriously impaired by the parenting relationship; (2) the parents are unable or unwilling to eliminate the harm and delay in permanent placement will add to the harm; (3) alternatives to terminating parental rights have been thoroughly explored and exhausted, including efforts to help the parents cure the problems that led to the placement; and (4) that termination of parental rights will not do more harm than good.

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Facts. A.C. was born in Columbia and came to this country as a teenager. She is the mother of three children. In August of 1985 she placed her two girls in foster care. The children were returned to her 3 months later. In October 1986 she placed the two girls and her new boy in foster care, where they have remained for the fast 5.


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