Prepare a legal memorandum addressing the following matter.
Your supervising attorney is representing a married couple (Abe and Jose) who wish to adopt a particular child named, Lois. Lois is 3 years old. Lois was removed from the home of her biological parents at age 30 months because of neglect. The county office for children removed Lois because her parents had a serious opioid addiction problem. Lois was in a foster home for about 6 months. Abe and Jose were her foster parents and now wish to adopt Lois. During this six-month period, the biological parents have tried to overcome their drug addiction. Father was recently released from prison after serving time for charges of assaulting a person at a fast-food place. The parents completed a parenting course and a drug and alcohol treatment program. The biological father has been working for the past 4 months for a moving company, and the mother is taking a college course and is working part-time at a gas station. Both recently tested positive for opioids. The child is thriving and is very attached to Abe and Jose.
The attorney for Abe and Jose needs to submit a memorandum to the court setting forth why the parental rights of the biological mom and dad should be terminated. Should the parental rights be terminated and should Abe and Jose be able to move forward with adopting Lois?
Research case law for Texas to determine how Texas addresses adoption and termination of parental rights. Be sure to include primary law.
Be sure to explain the grounds for termination of parental rights. What is the statute that addresses this?
You can rely on any of one or two of these cases, but be sure you then research the law for Texas. Stick with just one state. If you do not use these cases, you must do the research to locate a case to support your points.
In re C.F., 193 Cal. App. 4th 549, 121 Cal. Rptr. 3d 881 (2011)
K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225 (Ind. 2013)
J.P. v. R.H. (In re J.M.), 10 N.E.3d 16 (Ind. Ct. App. 2014)
In re B.M., 913 N.E.2d 1283 (Ind. Ct. App. 2009)
Adoption of Elena, 446 Mass. 24, 841 N.E.2d 252 (2006)
In re B.J.B. and N.N.P., 747 N.W.2d 605 (Minn. Ct. App. 2008)
New Jersey Div. of Youth & Family Servs. v. B.M. (In re Z.T.T.B.), 413 N.J. Super. 118, 993 A.2d 258 (App. Div. 2010)
In re Z.P., 994 A.2d 1108 (Pa. Super 2010)
Be sure to present a well-organized paper that is easy to follow.
Please remember that if you cut and paste something from the internet into your assignment, that is plagiarism and you will receive a 0 for the assignment and be reported to the school. Please note that any site ending with “pedia”is not a reliable site and will not be accepted as a resource. Do not use government informational sites, commercial blogs or websites. The rubric for this assignment is attached.
Please note: Papers will be automatically added to and checked against the standard Turnitin repositories. Originality reports will be returned to the faculty and student in roughly 15 minutes of the submission. Multiple submissions are allowed.
