In the Interest of J.K. et al., Children
What's at Stake
The ºìÐÓÊÓÆµâ€™s Center for Liberty and Women's Rights Project, alongside the ºìÐÓÊÓÆµ of Georgia, filed an amicus brief in the Georgia Supreme Court supporting a mother challenging the termination of her parental rights even though the juvenile court expressly found that her continued relationship with her children would not harm them. Under Georgia’s termination statute, courts may terminate parental rights if they find that a child cannot safely return home at present, without any finding that, or even considering whether, a continued parent-child relationship would harm the child or that termination is necessary. In this case, the Department’s own caseworker testified that the mother’s weekly visits with her children went well and that the relationship benefited the children and would continue to. The children's advocate agreed, testifying that the children had a good relationship and were bonded to their mother. Because termination permanently and completely severs the legal parent-child relationship, our brief urges the Court to require an individualized finding that severance is necessary to protect the child and that less drastic alternatives would not suffice. Our brief argues that the Constitution does not permit the State to permanently end a parent-child relationship without first establishing that doing so is genuinely necessary.