How is adoption unique when it is the grandparents who want to adopt after a dependency and neglect case?
As in any case, adoption is only possible if both biological parents relinquish their parental rights or if parental rights are terminated through a court process. If parents relinquish their rights, they may name the grandparent as the successor custodian of their child. In dependency and neglect cases, the grandparent has the right to request permission to adopt, but so do foster parents and possibly other parties. It is important for grandparents to request this before the motion to terminate the parent-child legal relationship is filed. There is no requirement that the grandparent be notified of either the plan to terminate parental rights or of a grandparent’s preference for placement, so it is very important for an interested grandparent to remain involved throughout the entire dependency and neglect process, if the child is the subject of a termination case. If parents file an appeal after their parental rights are terminated (which many do) it could be a year or two before the
