A Scoping Review of Terminations of Parental Rights in the US

Background and Purpose:

Terminations of parental rights (TPR), defined as a legal severing of all rights of a parent to their child, are a common occurrence for families impacted by the US Child Protection System (CPS). In fact, 1 in 100 US children impacted by CPS will experience a TPR, and in some states, that number doubles to 2 in 100 for Black and Native American children. Research has shown that children and youth who experience separation from their families must contend with many layers of unique challenges throughout the lifecycle, even when maltreatment occurs, regardless of adoption or guardianship status post TPR. Such unique issues include grief and loss, and struggle with identity and attachment, and these issues may also impact other members of the family system, including parents, siblings, or grandparents. To better understand the potential drivers of this contemporary US phenomenon, this scoping review has the following aims:

(1) What are the characteristics of families who experience TPRs?

(2) What is known about TPR processes and decision-making during the TPR process?

(3) What outcomes are available for individuals or families who experience TPR?

Methods

A team of seven researchers conducted a scoping review with the assistance of a reference librarian who helped capture the most effective Boolean search terms. Four databases were used including SocIndex, Social Work Abstracts, Scopus, and Family Studies Abstracts. We completed an additional hand search using a reference list of key scholarships. Our search was conducted in December 2024. Inclusion criteria consisted of articles written in English and from the US, and published after 1997 to reflect the passage of the Adoption and Safe Families Act (ASFA). Only scholarship about TPR as a process or outcome for CPS-impacted families was included. We then conducted a descriptive thematic analysis of all available literature with conflicts resolved by consensus.

Results

Preliminary results include approximately 30 peer-reviewed studies, several legal articles, and grey literature reports. Findings were grouped into three categories: parents and children who experience TPR and the TPR process. Parents and children were predominantly Black or Indigenous. Parents had multiple adversities that put them at risk for TPR, including incarceration, disability, and substance abuse. Children who experienced TPR had experienced placement instability, such as multiple placements and re-entries after reunifications. Few articles addressed decision-making or processes. Findings indicate that a judge’s perceptions of risk, including having another child who experienced a TPR, impacted TPR decisions.

Conclusion and Implications

The use of TPR to legally separate families is uniquely prevalent in America and is an understudied contemporary issue. Our findings indicate that:

1. Despite the significance of such a life-altering decision for families, scholarship regarding decision-making and the TPR legal process is limited.
2. Studies focusing on TPR primarily examine socio-demographics and CPS involvement from administrative data and qualitative assessment is limited.
3. Scholarship about outcomes for young people and families who experience a TPR or a TPR process is almost entirely absent from the literature.