EDITORIAL: Discretion needed for parental rights of prisoners

Doing what's in the best interest of a child is the guiding principle in most legal matters involving troubled families. That's as it should be, but it's not currently what guides decisions to terminate the parental rights of women in prison or residential drug treatment.

Current law requires that social service officials petition to terminate parental ties when a child has been in foster care for 15 of the last 22 months. But the median sentence for women in prison in New York is 36 months.

Legislation before the State Senate would allow for some much-needed discretion. The Assembly passed it in January. The Senate should do the same.

The bill would allow officials to postpone filing a petition if a parent has maintained a meaningful role in her child's life; physical separation is the only reason termination is sought; and the continued involvement of this parent is in the child's best interest.

The current, rigid standard was imposed to prevent children from languishing in the foster care system. The idea was to quickly find permanent homes for those who could not be reunited with their families. That's a laudable goal, and quick action will still be best in many instances. But it doesn't always work out for children who were "freed" for adoption because parental rights were terminated. Thousands are still not adopted. The Senate should change this one-size-fits-all mandate because it isn't what's best for each and every child. hN