9:2-18. Procedure to terminate parental rights


9:2-18.      Procedure to terminate parental rights 
     6.   An approved agency which is providing supervision of a child may institute an action in the Superior Court, seeking the termination of the rights of the parents of such child and the transfer of custody of such child to the agency. A prior surrender of custody as provided by Article II of this act shall not be deemed a waiver of notice or service of process in proceedings under Article III hereof. At least five days prior to the hearing, the plaintiff shall file with the court a written report as to all circumstances of the case. 

    L.1955,c.232,s.6; amended 1991,c.91,s.192. 
 
9:2-19.      Grounds for terminating custody 
     If the court shall determine that custody of the child has been surrendered as provided in Article II of this act, the court may declare that the person making such surrender shall have no further right to custody of the child.  If the court shall determine that a parent of the child is dead, or mentally incompetent, or has forsaken parental obligation, the court may declare that such parent shall have no further right to custody of the child. If the court shall determine that a custodian or guardian has been appointed for the child, but that such custodian or guardian has willfully and continuously neglected or failed to discharge the responsibilities of such appointment, the court may declare that such custodian or guardian shall have no further control and authority over the person of the child. 

    L.1955,c.232,s.7; amended 1990,c.26,s.4. 
 
9:2-20.  Judgment terminating rights;  effect of judgment
    If the court shall find that the parents of the child should have no further  right to custody of the child, or that the custodian or guardian, if any,  should have no further control and authority over the person of the child, a  judgment shall be entered terminating such right or control and authority and  transferring the custody of the child to the plaintiff. The judgment so  entered, unless otherwise specified therein, shall not affect the duties of the  parents, custodian or guardian with respect to support and maintenance of the  child.

     L.1955, c. 232, p. 898, s. 8.