VII. Termination Of Parental Rights

Question 1

A petition to terminate parental right can be filed at _______________.

Answer 1

Any time

Question 2

Most cases start with a _________________ petition and go through a case plan process before filing a petition to _____________________________.

Answer 2

Dependency

Terminate parental rights

Question 3

There must be ___________ of an advisory hearing for the Petition to Terminate Parental Rights (TPR). Failure to appear serves as _____________ to the TPR Petition.

Answer 3

Notice

Consent

Question 4

TPR Petition must be personally __________ on parents.

Answer 4

Served

Question 5

The Department must file a TPR Petition if:

Answer 5

1. The child has not returned to the parents 12 months after being sheltered or adjudicated dependent unless good cause.
2. The child had been out of the home 12 out of the most recent 22 months.
3. The parent has been convicted of some serious offenses including murder of another parent or another child of the parent.
4. The court decides that reunification efforts are not required.

(Filing the petition is usually discretionary, except for these scenarios).

Question 6

What are the grounds for termination parental rights?

Answer 6

1. Parent has voluntarily surrendered their rights.
2. Child has been abandoned and the parents cannot be located within 60 days.
3. Parent conduct demonstrates continuing involvement would threaten the life, safety, well-being or health of the child, irrespective of provision of services.
4. Child has been adjudicated dependent, case plan has been materially breached or no substantial compliance by the parent for 12 months.
5. Parent is incarcerated and either (a) sentence is for a significant period of childhood, or (b) parent is a violent career criminal; or (c) continued relationship will be harmful to child.
6. The parent subjected the child or another child to egregious conduct, aggravated child abuse, sexual battery, sexual abuse; or chronic abuse.
7. The parent murdered or caused serious physical injury to the other parent or another child.
8. Parent has a chronic history of alcohol or substance abuse or child was born exposed to substances.
9. The parent was involuntarily TPR’d for another child, or this child or a sibling were in out-of-home-care three or more times.

Question 7

What is the standard of proof for granting a TPR Petition?

Answer 7

All allegations have to be proven by clear and convincing evidence.

Question 8

What findings must the court make at a TPR hearing?

Answer 8

1. The grounds for TPR have been proven; and
2. Manifest Best Interest - It is in the manifest best interests of the child to terminate parental rights. There are sir instances in which the grounds have been proven but there may be no place for the child to get permanency.

Question 9

The ultimate goal of terminating parental rights is to have the child ____________.

Answer 9

Adopted

Question 10

A child cannot be ___________ until parental rights have been terminated. All other permanency options are available without termination.

Answer 10

Adopted