What are the compelling reasons not to terminate parental rights?
Federal regulations state that a “compelling reason” must be based on the individual circumstances of the child and the family, on a case-by-case basis, with an emphasis on what is in the best interest of the child. The judge determines what is in the best interest of the child with the aid of the following factors: age and sex of the child; mental and physical health of the child and the parents; lifestyle and other social factors of the parents; emotional ties between the parents and the child; ability of the parents to provide the child with food, shelter, clothing, and medical care; established living pattern for the child concerning school, home, community, and religious institution; quality of schooling; and child’s preference. A compelling reason has to be documented in the case plan to ensure continued eligibility for the receipt of Title IV-E funds. This case-plan documentation is necessary because there is no federal requirement for the juvenile court to find that a compellin
