The state must demonstrate that the parents' actions before the child was placed in foster care show sufficient cause to terminate parental rights. However, the state has limited authority to consider parental behavior after children are placed in foster care, even when no progress is being made in correcting the problems that brought the child under the state's protection. Many children are kept in foster care longer than necessary, when the greater welfare of the child would be served by securing a permanent home through adoption. The number of children in foster care in Texas has grown in the last 10 years. In some cases, children are remaining in foster care because the state has little recourse in terminating parental rights.
Statistics indicate that the younger the child, the greater the adoption demand.
A timetable for the return of the child to the parent, or the surrender of parental rights through court proceedings, would benefit all parties concerned. Children would no longer remain in foster care indefinitely, and parents would be given realistic deadlines for proving their fitness to regain custody of their children. The state would be able to redirect resources to address other child protective services issues. The Legislature should amend the Texas Family Code to strengthen the grounds for termination of parental rights in some cases. After one year following the removal of the child from the home, refusal by the parent take the actions required by court orders should be grounds for the invol- untary surrender of parental rights through a court proceeding.