How does the department determine the period for filing a petition to terminate parental rights?
A petition to terminate parental rights must be filed for a child who has been in foster care for 15 of the most recent 22 months calculated from the date the child entered foster care. The petition must be filed by the end of the fifteenth month. The department must use a cumulative method to determine the 15-month period when a child experiences several exits from and returns to foster care during the 22-month period. Neither a trial home visit nor runaway episode may be included in determining the 15 months. Example: A child has entered foster care on March 1, 2000. The child runs away and is gone from foster care from June 1, 2000 to June 30, 2000. The child remains in foster care until September 1, 2000 when he runs away again and does not return to foster care until November 30, 2000. Assuming there are no further disruptions in placement, the date to file the petition to terminate parental rights is September 30, 2001.
Related Questions
- How Does The Court Determine Parental Rights And Responsibilities (Formerly Referred To As "Custody" And "Visitation")?
- Must a department always wait a full 15 months before filing a petition to terminate parental rights?
- How does the department determine the period for filing a petition to terminate parental rights?
