Court Cases on the Termination of Parental Rights: Parent With FAS/FAE

Fetal Alcohol And Drug Unit
Department of Psychiatry and Behavioral Sciences
University of Washington School of Medicine
&
University of Washington School of Law

In The Interests of Alicia R.
1998 WL 855512 (Conn. Super.)

Court approves termination of the parental rights of the mother, who has FAS.

The mother at age 37 possessed "the distinctive facial abnormalities of the disorder," as well as "congenital neuro-cognitive impairment in her ability to organize events and its impact on the higher cognitive functions such as anticipating and making connections between events."

The mother had since the age of 16 been receiving SSI benefits. "Because of her condition and abilities, [the mother] has only had marginal employment on an intermittent basis during her life." (*1).

There was evidence of a number of incidents of sexual and other abuse of the child involved.

*

In re Dalilah Rose
1996 WL 745838 (Conn. Super.)

The court ordeed termination of the mother's (and father's) parental rights because they were unable to care for the child. the opinion describes in detail the mother's inability to care for the child. The opinion notes that the mother believes that she herself was born with FAS. 1996 WL 745838 at *2.

In the Interest of D.S.R.
246 Ga. App. 426, 541 S.E. 2d 61 (Ga. App. 2000)

Court of appeals affirmed the termination of the mother's parental rights. The mother had FAS. 541 S.E. 2d at 62. The child had cerebral palsy. The foster mother, a nurse, believed that "it would be difficult for someone like the mother to care for D.S.R.." 541 S.E. 2d at 62.

In re Brandon Lee
567 S.E. 2d 597 (W.Va. 2001)

State agency sued to have the mother of a child declared unfit to care for the child. The state relied in part on evidence that the mother had FAS. 567 S.E. 2d at 599. The appellate court held that the record showed the mother was unfit, and directed that her parental rights be terminated.

In The Interest of Jonathan M.
1998 WL 764142 (Conn. Super.)

This was an action to terminate the paternal rights of Stacie M. in her son Jonathan. The mother had FAS; the court relied on her difficulties in deciding to terminate her rights.

The opinion contains a detailed description of the effect of FAS on children:

"Studies have shown that such children not only have a variety of cognitive difficulties, but also suffer from social deficits as well. One study found that 'they were stubborn, hard to discipline and have extreme difficulty in respecting their own and other people's boundaries. [They] inappropriately sought affection and demanded attention and were overly tactile with other people.' By the time they reach adolescence, 'lack of judgment, poor decision-making, high frustration, impulsivity, and difficulty in perceiving social cues rendered these children at high risk for aggressive behavior and of being co-opted by negative role models.'"

1998 WL 764142 at *2. The quotations are from Wiley Karr-Morse, Ghosts from the Nursery (1997).

The mother's behavioral problems are described in this opinion and in In re Dalilah Rose N., 1996 WL 745838 (Ct. Super.).

Care & Protection of Pasquale
766 N.E. 2d 564, 54 Mass. App. Ct. 1113, 2002 WL 718168 (2002)

The state Department of Social Services filed a petition alleging that three children "were in need of care and protection." The trial court held the parents unfit, and the appellate court affirmed.

The father of the children had FAS. The appellate court reasoned that the father was "a limited, well-intentioned person who loves his children, but whose cognitive limitations have made it impossible for him to understand the special needs of the children." 2002 WL 718168 at *4. The opinion describes the father's problems in some detail.




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