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Do not counter your parents.

Dalip Singh Wasan, Advocate.

People may believe that they have been sent on this earth by God Himself and we go back when He recalls us. But at the same time we shall have to accept that we have come here on this earth through our parents and up till now, we could not see a person who has come on this earth directly from God. Even the people who have got some place in mythologies and in history and who had been founding religions and had been telling us that they are God had come on this earth through their parents and none has come directly from the side of God. That is the reason in Hindu Shastras, it has been admitted that parents are above all and none on earth can have a place equal to parents.

Time is going on and we, who had started from stone age are now talking to the skies. In other words, what the parents could not do, their children are doing that. But still the children must understand that they had not come and they were not with all the wisdom, intellect and competency at their command when they were born. Their parents had been looking after them and they had been bringing them up. The parents had been saving him or her when there was cold, when there was hot and when they were wet or were lying in wet and dirty bed. The man knows that he starts caring for himself only when he comes in the age of 10 years or more and even at this stage, he is not in a position to earn and can provide himself for all the facilities which are required for proper development.

If one has an introspection, he shall come to the conclusion that he would no have survived had their been no parents or others to look after him or her. We all know that we need proper education, proper training, proper adjustment in life, proper earning and then we are to marry and settle a house. And lucky are those who have got parents and they could get all help from the side of their parents. The people who have got no parents because the parents died earlier or they had been lost in crowds, never get the same psychology as a normal child could get through parents. The child who got no parents to look after him or her remains all alone in life and he never feels that he has got someone to protect him or her.

The child is compensating his or her parents and therefore, there are chances that he or she would be having more education, more training, more wisdom, more intellect, more income and a higher status in society and in the work place, but still he is not better than his or her parents and therefore the child must keep in mind that he shall not compare himself or herself better than his or her parents. He must be thankful to his parents who could provide him facilities through which he could achieve these heights and should never counter his parents. We, the people of India know the story of Shri Rama who left his house only because his father had directed him to leave the house and even his rights to have the throne. It means, the order of the parents should be followed and no child should say that the order from the side of his or her parents is wrong and therefore, he would not follow that order.

You may carry out the order of your parents or you may not carry out the order of your parents, but one thing should be taken care of that you should not refuse to carry out the order of your parents at their face and tell them that they are in the wrong. The parents are not in a position to bear all this because they are living only with one hope in their mind that their children are obedient and they shall be carrying out the orders of their parents. This psychology and wish of the parents must be kept alive and the parents should fee proud of the fact that their children are advancing.

We must understand that all in the world other than the parents may feel jealous when we are rising, but the parents shall feel happy and shall pray for your more success. If we can pray for others, we must locate our parents who can pray for us and would always desire that we should go ahead and we should win all the ventures we have undertaken. Even your brothers and sisters may be having some love for you but still there are chances that they may not feel pleasure when you are rising higher and higher and sometime they may be having some property disputes with you. But your parents shall not be sad when you are rising. They shall be happy and they shall be proud of the fact that you are rising and rising higher in life.

So when we are allotting status and position to others, we should have more care when we have a look on our parents and they should be placed still higher and when we are doing all this we should not expect thanks from our parents. We are just doing something to repay the debt and we are not creating a debt against5 our parents. We are nobody to repay the debts which the parents have established against us and we may take thousands of such births, but still we are not in a position to clear the debts. So it is our duty to ensure that we are to say ‘yes my dear father, yes my dear mother’ and nothing more. No reasons and no explanations should be placed before parents nor we should try to establish before our parents that we are having more qualifications, more money and a higher status. We are still low and we should keep this position till our parents are alive and even after their dearth, we should not try to say that they had been in the wrong. They are right, they were right and they shall be right should be the lifelong idea with us.

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A Termination of Parental Rights (TPR) is a legal action that terminates all of a parents rights to make decisions for a child or to care for that child.

A Termination of Parental Rights may be voluntary or involuntary. All too often parents are pressured into relinquishing their rights based on allegations of abuse, neglect or abandonment. The consequences are significant and long lasting. A parent should never enter into such proceedings unrepresented. The result is often final.

Under Minnesota Statutes, a juvenile court may, upon petition, terminate ALL rights of a parent to a child. It may do so:

1. with the written consent of a parent who for good cause desires to terminate parental rights (Note: wishing to avoid a child support obligation is not “good cause);
2. if it finds that one or more of the following conditions exist:
   • that the parent has abandoned the child;
   • that the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child’s physical, mental, or emotional health and development, if the parent is physically and financially able, and either reasonable efforts by the social services agency have failed to correct the conditions that formed the basis of the petition or reasonable efforts would be futile and therefore unreasonable;
   • that a parent has been ordered to contribute to the support of the child or financially aid in the child’s birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child’s birth;
   • that a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to
     the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that the parent’s parental rights to one or more other children were involuntarily terminated or that the parent’s custodial rights to another child have been involuntarily transferred to a relative under section 260C.201, Subd 11, paragraph (e), clause (1), or a similar law of another jurisdiction;
   • that following the child’s placement out of the home, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the child’s placement. It is presumed that reasonable efforts under this clause have failed upon a showing that:
     • (i) a child has resided out of the parental home under court order for a cumulative period of 12 months within the preceding 22 months. In the case of a child under age eight at the time the petition was filed alleging the child to be in need of protection or services, the presumption arises when the child has resided out of the parental home under court order for six months unless the parent has maintained regular contact with the child and the parent is complying with the out-of-home placement plan;
     • the court has approved the out-of-home placement plan required under section 260C.212 and filed with the court under section 260C.178;
     • conditions leading to the out-of-home placement have not been corrected. It is presumed that conditions leading to a child’s out-of-home placement have not been corrected upon a showing that the parent or parents have not substantially complied with the court’s orders and a reasonable case plan; and
     • reasonable efforts have been made by the social services agency to rehabilitate the
       parent and reunite the family It should be noted that that parental right may be terminated prior to one year, or in the case of a child under age eight, prior to six months after a child has been placed out of the home.

       It is also presumed that reasonable efforts have failed under this clause upon a showing that:

       • the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis;
       • the parent has been required by a case plan to participate in a chemical dependency treatment program;
       • the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate;
       • the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and
       • the parent continues to abuse chemicals.

   • that a child has experienced egregious harm in the parent’s care which is of a nature, duration, or chronicity that indicates a lack of regard for the child’s well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to being in the parent’s care;
   • that in the case of a child born to a mother who was not married to the child’s father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and the person has not registered with the fathers’ adoption registry under section 259.52;
   • that the child is neglected and in foster care; or
   • that the parent has been convicted of a crime listed in section 260.012, paragraph b,
     clauses (1) to (3).

   
   In an action involving an American Indian child, sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws.

A termination of parental rights requires a high standard of proof and must be proven by clear and convincing evidence. Any person with knowledge of the circumstances may seek to terminate parental rights. The end result of a termination is that the all rights of the parent may be terminated but it does not extinguish that parents responsibility to pay any past balance for child support.