Must a department always wait a full 15 months before filing a petition to terminate parental rights?
No. The department has the discretion to file a petition to terminate parental rights whenever it is in the best interest of the child to do so. 12. Must a department always file a petition to terminate parental rights when a child has been in foster care for 15 of the most recent 22 months calculated from the date the child entered foster care? No. There are specific exceptions to the requirement of filing a petition to terminate parental rights. These are: The child is in a relative placement. OR There is a documented compelling reason that termination of parental rights would not be in the childs best interests. OR The child welfare department or probation department has not provided services needed for the safe return of the child within the time period set forth in the case plan. It is important to note that once a determination has been made that an exception applies, there is no further requirement for the department to file a petition to terminate parental rights. However, the
Related Questions
- Does the biological parent have to have his/her parental rights terminated before I can file a petition to adopt the child?
- 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?
