Threats to Perceptions of Fairness in the Termination of Parental Rights

• Date: 01 December 2016
• DOI: http://doi.org/10.1111/jfcj.12079
• Published date: 01 December 2016

Threats to Perceptions of Fairness in the

Termination of Parental Rights

By Raymie H. Wayne and Brenda D. Smith

ABSTRACT

Termination of parental rights (TPR) proceedings are among the most impor-

tant family court activities. This study contributes to knowledge of the TPR process

by illustrating practices employed in TPR proceedings and considering ways that

certain practices can hinder perceptions of fairness. TPR court records from one state

were analyzed using inductive coding procedures. The analysis identified nine cate-

gories of threats to perceptions of fairness in the TPR process. Findings have implica-

tions for procedural justice and the legitimacy of child welfare practice.

Key words: termination of parental rights, procedural justice, child welfare, parents,

legitimacy.

In the US, we hold an ideal that the government will operate within principles of

fairness, and that the judiciary will ensure that fairness prevails in dispute resolution.

Although we often focus on outcomes when assessing fairness of legal proceedings, stud-

ies show that legal processes can have a greater affect on perceptions of fairness than legal

outcomes (Ashford & Holschuh, 2006; Lind, et al., 1990; Tyler, 2001). What’s more,

perceptions of fairness confer legitimacy on judicial decisions, thereby promoting com-

pliance (Thibault & Walker, 1975; Tyler, 1990).

Considerations of fairness are particularly acute when the State is seeking to

infringe upon a fundamental right, such as the right to raise one’s children (Sankaran &

Lander, 2007; Wayne, 2008). Given the importance of fairness and legitimacy in the

very difficult and emotionally fraught legal proceedings to terminate parental rights, it

Raymie H. Wayne is an associate professor of social work and the BSW program director at the

University of Saint Joseph in West Hartford, Connecticut. She has served in several administrative roles at

the University and is active in the National Association of Social Workers. Dr. Wayne holds a Ph.D. from

the University at Albany, a J.D. from the UConn School of Law, an MSW from Fordham University and a

B.S.W. from the University of Saint Joseph (formerly Saint Joseph College).

Brenda D. Smith is an associate professor and Ph.D. program director at the University of Alabama

School of Social Work. Her areas of scholarship include child welfare policy and services, policy disparities,

and organizational dynamics. Dr. Smith previously taught at the University at Albany School of Social Wel-

fare and holds a Ph.D. and A.M. from the University of Chicago and a B.A. from St. Olaf College.

Juvenile and Family Court Journal 67, No. 4

©2016 National Council of Juvenile and Family Court Judges

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