We recently have seen front page news about one particular judge who has taken far more than the 120 days allotted to decide 10 termination of parental rights cases. We write now not to comment on these particular cases or this particular judge, but to make a broader point: the 120-day rule should be non-waivable or at least difficult to waive.

Four months is a long time for children to be in limbo, and that excludes the time before and during trial. There are always reasons why an extension should be allowed – the judge is sick, for example – but termination decisions should not be taking anywhere near the 120-day limit to begin with. If the lawyers and the judges know the deadline is non-waivable, the judge is less likely to bump up against the deadline in the first place.