A biological parent whose parental rights have been terminated. Does this parent have the right to participate in a post-termination hearing regarding visitation rights?
Yes, according to a recent decision by the Massachusetts Appeals Court. In Adoption of Zak, the trial judge stripped the biological parents of their parental rights due to domestic violence. The father lost rights to two children, while the mother lost rights to three. [1] The judge also ruled on post-termination visitation, deciding whether the parents could visit despite losing parental rights. On appeal, the court affirmed the termination but sent the visitation issue back to the juvenile court.
So, the trial court held a new hearing on the post-termination visitation issue. The problem? The parents were not notified of this new hearing, and did not participate. The parents appealed, claiming they had the right to be present. The Appeals Court agreed.
The Court quoted another case to say that “[w]here orders involving termination, placement, and visitation are issued as part of the same adjudication of termination proceeding, a parent has standing to press on appeal any challenge that he or she has not expressly waived to that adjudication[.]” [2]Although the hearing in question here was on remand, and not on appeal, the same applied, as the trial judge’s consideration of evidence at the remand hearing served as a continuation of the proceeding to which the parents were originally parties. Therefore, the Appeals Court held, the parents had standing to be present at the hearing.
If you have any questions about custody, support, or visitation issues, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete a contact form here, and we will get back to you at our earliest opportunity.
[1] Adoption of Zak, No. 16-P-393 (October 7, 2016-January 9, 2017).
[2] Id., quoting Adoption of Douglas, 473 Mass. 1024, at 1025 (2016).