NY Soc Serv L § 383-C (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - Care and Protection of Children 383-C - Guardianship and Custody of Children in Foster Care.

§  383-c.  Guardianship  and  custody  of  children in foster care. 1. Method.  For the purposes of this section, a child in foster care  shall mean a child in the care and custody of an authorized agency pursuant to section  three  hundred  eighty-four-a  of  this title or article three, seven or ten of the family court act. The guardianship of the person and the custody of a child in foster care under the age  of  eighteen  years may  be  committed to an authorized agency by a written instrument which shall be known as a surrender, and signed:  (a) if both parents shall then be  living,  by  the  parents  of  such child,  or  by  the  surviving parent, if either parent of such child be dead;  (b) if either one of such parents shall  have  for  a  period  of  six months  then next preceding abandoned such child as set forth in section three hundred eighty-four-b of this title, by the other of such parents;  (c) if such child is born out of wedlock, by the mother of such child, and by the father of such child,  if  such  father's  consent  would  be required  for  the  child's  adoption,  pursuant  to section one hundred eleven of the domestic relations law;  (d) if both parents of such child are dead, or if such child  is  born out  of wedlock and the mother of such child is dead, by the guardian of the person of such child lawfully appointed, with the  approval  of  the court or officer which appointed such guardian to be entered of record.   2.  Terms.  (a)  Such  guardianship  shall  be  in accordance with the provisions of this article and the instrument shall be upon  such  terms and  subject  to  such  conditions  as may be agreed upon by the parties thereto  and  shall  comply  with  subdivision  five  of  this  section; provided,  however,  that  an  authorized  agency  shall  not  accept  a surrender instrument conditioned upon adoption by a  particular  person, unless  such  person is a certified or approved foster parent, where the permanency plan for the child is for the child to  be  adopted  by  that person  or the agency has fully investigated and approved such person as an  adoptive  parent  in  accordance   with   applicable   statute   and regulations.  No  such  agency  shall  draw or receive money from public funds for the support of any such child except upon the written order or permit of the social services official of the county or city  sought  to be charged with the support of such child.  (b)  If  a  surrender  instrument  designates  a  particular person or persons who will adopt a child, such  person  or  persons,  the  child's birth  parent  or parents, the authorized agency having care and custody of the child  and  the  child's  attorney,  may  enter  into  a  written agreement  providing  for communication or contact between the child and the child's parent or parents on such terms and  conditions  as  may  be agreed  to by the parties.  If a surrender instrument does not designate a particular person or persons  who  will  adopt  the  child,  then  the child's  birth  parent or parents, the authorized agency having care and custody of the child and the child's attorney may enter into  a  written agreement  providing  for  communication  or  contact, on such terms and conditions as may be agreed to by the parties. Such agreement  also  may provide  terms  and conditions for communication with or contact between the child and the child's biological siblings or half-siblings, if  any. If  any  such sibling or half-sibling is fourteen years of age or older, such terms and conditions shall not be enforceable unless  such  sibling or  half-sibling  consents  to  the  agreement  in writing. If the court before  which  the  surrender  instrument  is  presented  for   approval determines that the agreement concerning communication and contact is in the  child's  best  interests, the court shall approve the agreement. If the court does not approve the  agreement,  the  court  may  nonetheless approve  the  surrender;  provided,  however,  that  the birth parent or  parents  executing  the  surrender  instrument  shall   be   given   the opportunity at that time to withdraw such instrument. Enforcement of any agreement prior to the adoption of the child shall be in accordance with subdivision (b) of section one thousand fifty-five-a of the family court act.  Subsequent  to  the  adoption  of  the  child,  enforcement of any agreement shall be in accordance with section one  hundred  twelve-b  of the domestic relations law.   3.  Judicial  surrenders.  (a) A surrender of a child to an authorized agency for the purpose of adoption  may  be  executed  and  acknowledged before  a judge of the family court or a surrogate in this state. If the child being surrendered is in foster care as a result  of  a  proceeding before  the  family court pursuant to article ten or ten-A of the family court act or section three hundred fifty-eight-a of  this  chapter,  the surrender  shall  be  executed  and acknowledged before the family court that exercised jurisdiction over such proceeding and, shall be assigned, wherever  practicable,  to  the  judge  who  last  presided  over   such proceeding.  A  surrender  executed  and  acknowledged before a court in another state shall satisfy the requirements of this section  if  it  is executed by a resident of the other state before a court of record which has  jurisdiction  over  adoption  proceedings  in  that  state,  and  a certified copy of the transcript of that proceeding, showing  compliance with paragraph (b) of this subdivision, is filed as part of the adoption proceeding in this state.  (b)  Before  a  judge  or surrogate approves a judicial surrender, the judge or surrogate shall order that notice of the  surrender  proceeding be  given  to  persons  identified  in  subdivision two of section three hundred eighty-four-c of this title and to such  other  persons  as  the judge or surrogate may, in his or her discretion, prescribe. At the time that  a  parent  appears  before  a  judge  or  surrogate to execute and acknowledge a surrender, the judge or surrogate shall inform such parent of the right to be represented by legal  counsel  of  the  parent's  own choosing  and  of  the  right to obtain supportive counseling and of any right to have counsel assigned pursuant to section two hundred sixty-two of the family court act, section four hundred seven of  the  surrogate's court  procedure  act,  or section thirty-five of the judiciary law. The judge or surrogate also shall inform the parent of the  consequences  of such  surrender,  including  informing  such  parent  that the parent is giving up all rights to have custody, visit with, speak with,  write  to or  learn  about  the  child, forever, unless the parties have agreed to different terms pursuant to subdivision two of this section, or, if  the parent registers with the adoption information register, as specified in section  forty-one hundred thirty-eight-d of the public health law, that the parent may be contacted at any time after the child reaches the  age of  eighteen  years,  but only if both the parent and the adult child so choose. The court shall  determine  whether  the  terms  and  conditions agreed to by the parties pursuant to subdivision two of this section are in  the child's best interests before approving the surrender. The judge or surrogate shall inform the parent that where a  surrender  containing conditions  has  been  executed,  the parent is obligated to provide the authorized agency with a designated mailing  address,  as  well  as  any subsequent  changes  in  such  address,  at which the parent may receive notices regarding any  substantial  failure  of  a  material  condition, unless  such  notification is expressly waived by a statement written by the parent and appended to or included in such instrument. The judge  or surrogate  also  shall inform the parent that the surrender shall become final and irrevocable immediately upon its execution and acknowledgment. The judge or surrogate shall give the parent a copy  of  such  surrender upon the execution thereof.    4. Extra-judicial surrenders. (a) In any case where a surrender is not executed  and  acknowledged  before  a  judge  or  surrogate pursuant to subdivision three of this section, such surrender shall be executed  and acknowledged  by  the parent, in the presence of at least two witnesses, before  a  notary  public  or  other officer authorized to take proof of deeds. At least one witness shall be an employee of an authorized agency trained, in  accordance  with  the  regulations  of  the  department  of children  and  family  services,  to  receive  surrenders.  At least one witness shall be a person who is either a licensed master social worker, licensed clinical social worker  or  an  attorney  and  who  is  not  an employee,  volunteer,  consultant  or  agent  of  or  attorney  for  the authorized  agency  to  which  the  child  is  being  surrendered.   The commissioner  of  the  office  of  children  and  family services, after consultation  with  the  chief  administrator  of  the   courts,   shall promulgate   standards  to  help  ensure  the  impartial  selection  and independence of such witnesses. Any witness  may,  if  so  commissioned, serve as notary under this subdivision.  (b)  The  authorized  agency  to which the child was surrendered shall file an application for approval of the  extra-judicial  surrender  with the  court  in which the adoption proceeding is expected to be filed or, if not known, the family or surrogate's court in the county in which the agency has its principal office. If the child being  surrendered  is  in foster care as a result of a proceeding before the family court pursuant to article ten or ten-A of the family court act or section three hundred fifty-eight-a  of  this  chapter,  the application shall be filed in the family court that exercised jurisdiction over such proceeding and, shall be assigned, wherever practicable, to the judge who last  presided  over such  proceeding.  The  application shall be filed no later than fifteen days after  execution  of  such  surrender.  The  application  shall  be accompanied  by  affidavits  from  all  the  witnesses  before  whom the surrender was executed and acknowledged as provided for in paragraph (a) of this subdivision, stating:  (i) the date, time and place where  the  surrender  was  executed  and acknowledged;  (ii) that the parent was provided with a copy of the surrender;  (iii)  that the surrender was read in full to the parent in his or her principal language and the  parent  was  given  an  opportunity  to  ask questions  and  obtain  answers regarding the nature and consequences of the surrender, including the  consequences  of,  and  procedures  to  be followed  in, cases of a substantial failure of a material condition, if any, contained in the surrender instrument and the obligation to provide the authorized agency with a designated mailing address, as well as  any subsequent  changes  in  such  address,  at which the parent may receive notices regarding any  substantial  failure  of  a  material  condition, unless  such  notification is expressly waived by a statement written by the parent and appended to or included in such instrument; and  (iv) that the parent executed and acknowledged the surrender.  (c) The authorized agency to which a child is surrendered pursuant  to this  subdivision  must  affix  an  affidavit  to the application, by an employee responsible for providing or arranging  supportive  counseling, which specifies:  (i)  when  supportive  counseling  was  offered  to  the parent by the authorized agency;  (ii) whether the parent accepted the offer of  supportive  counseling; and  (iii)  if  accepted,  when  supportive counseling was provided and the nature of such supportive counseling.  (d) Before a judge or surrogate approves an extra-judicial  surrender, the  judge or surrogate shall order notice to be given to the person who executed the surrender, to persons  identified  in  subdivision  two  of section  three  hundred  eighty-four-c  of  this title and to such other persons  as  the  judge  or  surrogate  may,  in  his or her discretion, prescribe. The petition  shall  set  forth  the  names  and  last  known addresses  of all persons required to be given notice of the proceeding, pursuant to section three hundred  eighty-four-c,  and  there  shall  be shown by the petition or by affidavit or other proof satisfactory to the court  that  there  are  no  persons  other  than those set forth in the petition who are entitled to notice pursuant to such section. No  person who  has  received  such  notice  and been afforded an opportunity to be heard may challenge the validity of a  surrender  approved  pursuant  to this  subdivision in any other proceeding. Nothing in this section shall be deemed to dispense with the consent to adopt if otherwise required of any person who has not executed the surrender.  (e) The agency to which the child is surrendered promptly shall notify such court of any correspondence  or  communication  received  from  the parent or a person on the parent's behalf subsequent to the execution of the  surrender  and  prior to a final order of adoption of the child, if such correspondence  or  communication  could  reasonably  indicate  the parent's wish to revoke the surrender.  (f)  The  court  shall enter an order either approving or disapproving the surrender. If the court disapproves  the  surrender,  the  surrender shall be deemed a nullity and without force or effect, and the court may direct  that  any subsequent surrender shall be executed only before the court in accordance with subdivision three of this section.   5. Instrument. (a) There shall be a form of instrument for a  judicial surrender and a form of instrument for an extra-judicial surrender.  (b)  The instrument for a judicial surrender and the instrument for an extra-judicial  surrender  shall  be  in  a  form  prescribed   by   the commissioner  after  consultation  with  the  chief administrator of the courts and shall state in plain language in conspicuous  bold  print  on the first page:  (i)  that  the  parent has the right, before signing the surrender, to speak to a lawyer of her or his own choosing and any other person she or he wishes; to have that lawyer and any other person present with her  or him  at  the  time of the signing of the surrender; and has the right to ask the court to appoint a lawyer free of charge if  the  parent  cannot afford to hire one; and has the right to have supportive counseling;  (ii)  that  the  parent is giving up all rights to have custody, visit with, speak with, write to or learn about the child, forever, unless the parties have agreed to different terms pursuant to  subdivision  two  of this section, and unless such terms are written in the surrender, or, if the   parent  registers  with  the  adoption  information  register,  as specified in section forty-one  hundred  thirty-eight-d  of  the  public health  law, that the parent may be contacted at anytime after the child reaches the age of eighteen years, but only if both the parent  and  the adult child so choose;  (iii)  that the child will be adopted without the parent's consent and without further notice to the parent, and will be adopted by any  person that the agency chooses, unless the surrender paper contains the name of the person or persons who will be adopting the child; and  (iv) that the parent cannot be forced to sign the surrender paper, and cannot  be  punished if he or she does not sign the paper; and would not be subject to any penalty for refusing to sign the surrender.  (c) A surrender instrument for a judicial surrender also  shall  state in  plain  language  in  conspicuous bold print at the beginning thereof  that the  surrender  becomes  final  and  irrevocable  immediately  upon execution  and  acknowledgement, and that the parent cannot bring a case in court to revoke the surrender or to  regain  custody  of  the  child. Where  the  parties  have  agreed that the surrender shall be subject to conditions pursuant to subdivision two of this section,  the  instrument shall further state in plain language that:  (i)  the authorized agency shall notify the parent, unless such notice is expressly waived by a statement written by the parent and appended to or included in such instrument, the attorney for the child and the court that approved the  surrender  within  twenty  days  of  any  substantial failure   of  a  material  condition  of  the  surrender  prior  to  the finalization of the adoption of the child; and  (ii) except for good cause shown, the authorized agency shall  file  a petition  on notice to the parent unless notice is expressly waived by a statement written by the parent and appended  to  or  included  in  such instrument  and  the  child's  attorney  in  accordance with section one thousand fifty-five-a of the family court act within thirty days of such failure, in order for the  court  to  review  such  failure  and,  where necessary, to hold a hearing; provided, however, that, in the absence of such  filing,  the  parent and/or attorney for the child may file such a petition at any time up to sixty days after notification of the failure. Such petition filed by a parent or attorney for the child must be  filed prior to the child's adoption; and  (iii)  the parent is obligated to provide the authorized agency with a designated mailing address, as well as any subsequent  changes  in  such address,   at  which  the  parent  may  receive  notices  regarding  any substantial failure of a material condition, unless such notification is expressly waived by a statement written by the parent and appended to or included in such instrument.   Nothing in this paragraph shall limit the  notice  on  the  instrument with  respect  to  a  failure  to  comply with a material condition of a surrender subsequent to the finalization of the adoption of the child.  (d) An extra-judicial surrender instrument also shall state  in  plain language in conspicuous bold print at the beginning thereof that:  (i)  the  name  and  address of the court in which the application for approval of the extra-judicial surrender will be filed;  (ii) that a revocation of the surrender will be effective if it is  in writing  and  postmarked or received by the court named in the surrender within forty-five days of the signing of the surrender; and  (iii) that a revocation of the surrender  more  than  forty-five  days after  its signing will not be effective if the child has been placed in an adoptive home, and the surrender shall be final and  irrevocable  and the  parent  cannot  revoke  the  surrender  or bring a case in court to revoke the surrender or regain custody of the child, and that the agency will not notify the parent when the child is placed in an adoptive home, and the parent may lose all rights at the  end  of  the  forty-five  day period  without  further  notice. Where the parties have agreed that the surrender shall be subject to conditions pursuant to subdivision two  of this section, the instrument shall further state in plain language that:  (A)  the authorized agency shall notify the parent, unless such notice is expressly waived by a statement written by the parent and appended to or included in such instrument, the law guardian for the child  and  the court  that approved the surrender within twenty days of any substantial failure  of  a  material  condition  of  the  surrender  prior  to   the finalization of the adoption of the child; and  (B)  except  for  good cause shown, the authorized agency shall file a petition on notice to the parent unless notice is expressly waived by  a statement  written  by  the  parent  and appended to or included in such  instrument and law guardian in  accordance  with  section  one  thousand fifty-five-a  of the family court act within thirty days of such failure in order for the court to review such failure and, where  necessary,  to hold  a hearing; provided, however, that, in the absence of such filing, the parent and/or law guardian for the child may file such a petition at any time up to sixty  days  after  notification  of  the  failure.  Such petition  filed  by  a parent or law guardian must be filed prior to the adoption of the child; and  (C) the parent is obligated to provide the authorized  agency  with  a designated  mailing  address,  as well as any subsequent changes in such address,  at  which  the  parent  may  receive  notices  regarding   any substantial  failure  of  a  material  condition,  unless such notice is expressly waived by a statement written by the parent and appended to or included in such instrument.   Nothing in this subparagraph shall limit the notice on the  instrument with  respect  to  a  failure  to  comply with a material condition of a surrender subsequent to the finalization of the adoption of the child.  (e) Any surrender instrument subject to the provisions of this section shall include an adoption information registry birth parent registration consent form, stating whether or not such biological parent  or  parents whose  consent is subject to the provisions of this section, consents to the receipt of identifying information by the child to be  adopted  upon registration  with  the  adoption  information  registry  established by section forty-one hundred thirty-eight-c of the public  health  law  and upon  the adoptee reaching the age of eighteen. If such consent is made, it shall be revocable by either of the biological parents at  any  time. The  revocation  of  the  consent by one of the parents shall revoke the consent of both parents. The failure of a biological parent to  complete the  consent form shall have no effect on the finality of the consent to adoption. A copy of the form required  by  this  subdivision,  shall  be forwarded  to  the  state adoption information registry for inclusion in the records maintained by such  registry.  Any  fees  authorized  to  be charged  by  the  state  adoption registry for filing documentation with such registry shall be waived for the form required by this subdivision.  (f) A surrender shall be recorded in the office of the county clerk in the county where the surrender  is  executed,  or  where  the  principal office of such authorized agency is located, in a book which such county clerk  shall  provide  and  shall  keep under seal. Such record shall be subject to inspection and examination only as provided  in  subdivisions three and four of section three hundred seventy-two of this title.  (g)   Whenever  the  term  surrender,  surrender  paper  or  surrender instrument is used in any law relating to the adoption  of  children  in foster  care,  it  shall  mean  and  refer exclusively to the instrument described herein for the commitment of the guardianship  of  the  person and  the  custody  of  a  child  to  an authorized agency by the child's parent, parents or guardian, and in no case shall it be deemed to  apply to  any  instrument  purporting to commit the guardianship of the person and the custody of a child  to  any  person  other  than  an  authorized agency,  nor shall such term or the provisions of this section be deemed to apply to any instrument transferring the care and custody of a  child to  an authorized agency pursuant to section three hundred eighty-four-a of this title.  (h) Upon execution of a surrender instrument, the parent executing the surrender shall provide information to the extent  known  regarding  the other  parent,  any  person  to  whom  the  surrendering parent had been married at the time of the conception or birth  of  the  child  and  any other  person  who  would  be  entitled  to  notice  of  a proceeding to terminate  parental   rights   pursuant   to   section   three   hundred  eighty-four-c  of this title. Such information shall include, but not be limited to, such parent's or person's name, last-known  address,  social security   number,   employer's   address   and  any  other  identifying information.  Any  information provided pursuant to this paragraph shall be recorded in the uniform case record maintained  pursuant  to  section four hundred nine-f of this article; provided, however, that the failure to provide such information shall not invalidate the surrender.   6.  Effect  of  surrender and revocation. (a) If the court disapproves the surrender pursuant to subdivision four of  this  section,  or  if  a revocation  of  an  extra-judicial surrender is mailed and postmarked or otherwise  delivered  to  the  court  named  in  the  surrender   within forty-five  days of the execution of the surrender, such surrender shall be deemed a nullity, and the child shall be returned  to  the  care  and custody of the authorized agency.  (b)  If  a  revocation  of  an  extra-judicial surrender is mailed and postmarked or otherwise delivered to the court named  in  the  surrender more than forty-five days after its execution and the child has not been placed  in  an  adoptive home, such surrender shall be deemed a nullity, and the child  shall  be  returned  to  the  care  and  custody  of  the authorized  agency. For the purposes of this subdivision, no child shall be deemed to have been placed in the home of adoptive parents unless the fact of such placement, the date thereof,  the  date  of  the  agreement pertaining  thereto  and the names and addresses of the adoptive parents shall have been recorded in a bound volume maintained by the agency  for the  purpose  of  recording such information in chronological order. The absence of judicial approval of an extra-judicial  surrender  shall  not revive, extend or toll the period for revocation of such surrender.  (c)  In  any  case  in which the authorized agency determines that the persons specified in the surrender will not adopt the child  or  in  any other case of a substantial failure of a material condition prior to the finalization  of  the  adoption  of the child, the agency promptly shall notify the parent thereof, unless such notice is expressly waived  by  a statement  written  by  the  parent  and appended to or included in such instrument, and shall notify the court and  the  law  guardian  for  the child  within twenty days. In any such case, the authorized agency shall file a petition on notice to  the  parent  unless  notice  is  expressly waived  by a statement written by the parent and appended to or included in such instrument and law  guardian  in  accordance  with  section  one thousand  fifty-five-a  of  the  family court act, as applicable, within thirty days, except for good cause shown, in  order  for  the  court  to review  such  failure and, where necessary, to hold a hearing; provided, however, that, in the absence of such a filing, the  parent  and/or  law guardian  for the child may file such a petition at any time up to sixty days after the notification of the failure. Such  petition  filed  by  a parent  or  law guardian must be filed prior to the adoption. Nothing in this paragraph shall limit the rights and remedies, if any, available to the parties and the law guardian with respect to  a  failure  to  comply with  a material condition of a surrender subsequent to the finalization of the adoption of the child.  (d) Nothing contained in this section shall bar actions or proceedings brought on the ground of fraud, duress or coercion in the  execution  or inducement  of a surrender. No action or proceeding may be maintained by the surrendering parent or guardian for the custody of  the  surrendered child or to revoke or annul such surrender except as provided herein.   7.  Surrenders  by  persons  in foster care. Notwithstanding any other provision of law, a surrender for adoption executed by a parent, parents or guardian who is in foster care shall be executed only before a  judge of the family court.    8.  Adoption  proceeding.  (a)  Upon  the  court's order approving the surrender, the attorney for  the  petitioning  authorized  agency  shall promptly serve upon persons who have been approved by such agency as the child's  adoptive  parents,  notice  of entry of the order approving the surrender  and  advising such persons that they may commence an adoption proceeding. In accordance with the regulations of  the  department,  the authorized  agency shall advise such persons of the procedures necessary for adoption of the child. The authorized agency  shall  cooperate  with such persons in the provision of necessary documentation.  (b)  The  adoptive  parent  may  commence the adoption proceeding in a court of competent jurisdiction in accordance with subdivision three  of section  one  hundred thirteen or subdivision two of section one hundred fifteen of the domestic relations law, as applicable; provided, however, that in the case of an extra-judicial surrender, such  proceeding  shall be  initiated more than forty-five days after the surrender is executed. Commencement of such a proceeding shall not revive, extend or  toll  the period  for  revocation  of an extra-judicial surrender pursuant to this section.   9. Intervention. (a) Any person or persons having custody of  a  child for  the  purpose  of  adoption  through  an  authorized agency shall be permitted as a matter of right, as an interested party, to intervene  in any proceeding commenced to set aside a surrender purporting to commit a guardianship  of  the  person  or  custody of a child executed under the provisions of this section. Such intervention may be made anonymously or in the true name of such person.  (b) Any person or persons having custody for more than  twelve  months through  an  authorized  agency  for the purpose of foster care shall be permitted as a matter of right, as an interested party, to intervene  in any  proceeding  commenced to set aside a surrender purporting to commit the guardianship of the person and custody of a child executed under the provisions of this section. Such intervention may be made anonymously or in the true name of such person or persons having custody of  the  child for the purpose of foster care.   10. Adoption and permanency hearing.   a.  Upon  acceptance  of  a  judicial  surrender  or  approval  of  an extra-judicial surrender pursuant to subdivision three or four  of  this section,  the  court  shall inquire whether any foster parent or parents with whom the child resides, or any relative  of  the  child,  or  other person,  seeks to adopt such child. If such person or persons do seek to adopt such child, such person or persons may submit, and the court shall accept, all such petitions for the adoption of the child, together  with an  adoption  home  study, if any, completed by an authorized agency, or disinterested person as such term is defined  in  subdivision  three  of section  one  hundred  sixteen  of the domestic relations law. The court shall thereafter establish a schedule for completion of other  inquiries and  investigations  necessary to complete review of the adoption of the child and shall  immediately  set  a  schedule  for  completion  of  the adoption.   b.  Upon  acceptance  of  a  judicial  surrender  or  approval  of  an extra-judicial surrender pursuant to subdivision three or four  of  this section,  the  court  shall  schedule  an initial freed child permanency hearing pursuant to section one thousand eighty-nine of the family court act. Subsequent permanency hearings shall be held  pursuant  to  section one thousand eighty-nine of the family court act.   11.  Acceptance  of  surrender.  Acceptance of a judicial surrender or approval of an extra-judicial surrender pursuant to this  section  shall not  be construed to terminate any rights of the child to contact his or her siblings. For purposes of this  section,  "siblings"  shall  include  half-siblings  and  those  who would be deemed siblings or half-siblings but for the surrender, termination of parental  rights  or  death  of  a parent.