Chapter 5 : Section 3

Terminating Parental Rights

Procedures

Considering Termination of Parental Rights

To determine that termination of parental rights is in the child's best interest, consider all of the following factors:

• the child's permanency goal;

• the parent's success in achieving the behavioral changes outlined in the case plan and likelihood of imminent family reunification;

• the parent's willingness to parent the child;

• the child's age and willingness to consent to adoption (a child who is 12 years of age or older must consent to the adoption in open court);

• whether reunification services were ordered, but not provided;

• whether the services that were provided were culturally relevant;

• whether the provider was successful in engaging the family in the services;

• the availability of a safe, permanent home for the child or ability to identify one;

• the effects of removal from the current placement on the child’s long-term emotional well-being and the caregiver’s willingness to adopt;

• compliance with Indian Child Welfare Act (ICWA) requirements including:

  • active efforts to reunify the child with the parents;

  • placement of the child according to ICWA placement preferences; and

  • ability to provide testimony that meets the standard of evidence; and

• applicability of the grounds for termination and supporting evidence.

Staff with the DCS Program Supervisor to determine whether termination of parental rights is in the child's best interest. If there may be sufficient grounds, staff with the assigned Assistant Attorney General (AAG) to make the final determination.

If there is a determination that termination of parental rights is not in the best interest of the child, the DCS Program Supervisor will elevate the concerns to the Program Manager for further approval. The DCS Program Administrator or designee must approve a recommendation that termination of parental rights is not in the child's best interests.

Termination of parental rights is necessary when:

• the permanency goal for the child is adoption and the parent is not available or willing to consent to place the child for adoption; or

• the permanency goal for the child is something other than adoption and a continued legal relationship between parent and child would be harmful for the child.

When considering termination of parental rights, ensure an original birth certificate has been obtained and discuss parentage and paternity with the assigned AAG. Consider the following when determining parentage and paternity:

• whether the individuals were married at any time in the 10 months before the birth of the child or the child is born within 10 months after the marriage ended;

• whether the parent is named on the birth certificate;

• whether the mother has named an individual as the biological father;

• whether there is a parent who has legally adopted the child;

• whether the identity of the father is unknown, including John Doe; and

• if a court order of paternity or adoption has been issues.

The Department will provide the birth parent(s) the opportunity to complete the Birth Parent(s)’ Release of Identifying Information, CSO-1042A, to be placed in the child’s adoption record indicating the parent’s preferences regarding the sharing of information with the adoptive child and/or parent.

No confidential information relating to the adoption will remain in the parent's case record.

For all cases, consult with the assigned AAG before pursuing termination of parental rights to confirm legal grounds exist to support termination. If the child is or may be an Indian child, consult with the Attorney General's Office regarding requirements of the Indian Child Welfare Act (ICWA) before planning to pursue termination of the parent-child relationship. See Termination of Parental Rights and Adoption of an Indian Child.

Proceeding with Termination of Parental Rights

When the recommendation is made to proceed with termination of parental rights, complete the following:

• an extensive and documented search for adult relatives and persons with a significant relationship with the child, if the child is not already placed in a prospective permanent kinship placement, or placement considered to be in the best interest of the child, following procedures outlined in Locating Missing Parents & Family for Notification;

• consider convening a family meeting to identify adult relatives or persons with a significant relationship with the child who can provide a safe, permanent home for the child, if no permanent placement is already identified;

• meet with the assigned AAG to discuss the case, confirm parentage, ensure legal grounds exist to support termination of parental rights, and prepare for its presentation in court;

• inform the parent(s) of the pending court proceeding to terminate the parent-child relationship, the consequences of the proceedings and actions that the parent(s) must take including responding to the motion through the parent's attorney or requesting the court appoint an attorney, if not already appointed.

When Termination of Parental Rights is Complete

Create a new Adoption case record for each child whose parental rights have been terminated and the case plan goal for the child is adoption, even if the order terminating parental rights has been appealed. The parent's case record may remain open to provide ongoing case management and services to other family members or, if no services are planned, the case record is closed.

Create the new hard copy adoption case record and include the documents listed in Documents Needed for Adoption File, CSO-3208.

Documentation

When applicable, document the compelling reason that termination of parental rights is not in the child's best interests in the Case Plan.

Update the Legal Status to reflect the date parental rights were terminated. The termination of parental rights is effective on the date a signed order is filed by the court. The signed order may be signed Findings of Fact and Conclusions of Law, a signed Ruling or a signed Minute Entry. It is not complete on the date of the hearing, even if the Court issues a verbal ruling.

Document grounds for Termination of Parental Rights in Notes designated as Case Conference type.

The type of documentation needed for Termination of Parental Rights depends on the grounds upon which termination will be sought such as the following:

• Abandonment: Requires documentation of diligent efforts to locate the parent and to remain in contact with the parent. Document that the parent was informed the child is in out-of-home care and how the parent could provide reasonable support and maintain regular contact with the child. This requires documentation by out-of-home caregivers of all contacts between the parent and child and the parent and out-of-home caregivers.

  • Document if a possible parent, who is not the child's legal parent, failed to take a test requested by the Department (include the date of the request to test) or ordered by the court to determine if the person was the child's biological parent unless good cause is shown by the possible parent for that failure. Document all attempts to identify and locate the possible parent. See Locating Missing Parents & Family for Notification.

• Abuse and neglect: Requires timely documentation of all incidents of abuse and neglect, including medical reports, police reports, forensic interviews and written professional opinions. Include information on the availability of eyewitnesses for testimony in court. If termination includes children living in the home but who were not directly abused or neglected, requires evidence of nexus between the abuse of a child and the other children in the home.

• Mental deficiency or mental illness: Requires evidence that addresses the nature of the diagnosis how it interferes with safe parenting, that it is likely to continue for a prolonged indeterminate period of time, the effectiveness of treatment, and the efforts DCS made to provide reunification services. The efforts DCS makes to provide reunification services must be individualized to the needs of the parent(s) to support the parent(s) in understanding the information provided and engaging in services. This may include, but it not limited to, sending referrals or scheduling appointments for the parent, providing information in different formats, or attending appointments with the parent. Mental deficiency and mental illness also requires a psychological or psychiatric evaluation of the parent that is less than one year old.

• Substance abuse: Requires evidence that addresses the diagnosis and severity of the condition, the chronic history of abuse, how it interferes with safe parenting, that it is likely to continue for a prolonged indeterminate period of time, the effectiveness of treatment.

• Incarceration-nature of the felony: Nature of felony conviction requires documentation of conviction of murder or voluntary manslaughter of another child of the parent; conviction of a felony assault that resulted in serious bodily injury to the child or another child of the parent; and aiding, attempting, conspiring or soliciting to commit murder or involuntary manslaughter of another child of the parent. All are grounds for severance regardless of the length of sentence.

• Incarceration- length of sentence: Length of sentence requires documentation of sentence expiration and the length and strength of parent-child relationship at the time of incarceration; the degree to which the parent-child relationship was continued and nurtured during incarceration; the Department’s efforts to engage with the Department of Corrections for any services a parent requests; the Department’s efforts to provide the parent with in-person parenting time or, if the parent receives virtual parenting time, document why in-person parenting time was not provided; the age of the child and likelihood that incarceration will deprive the child of a normal home; the availability of another parent or guardian to provide a normal home life; and the effect of the deprivation of a parental presence on the child.

• Length of time in care—6 (for children under age 3) and 9 months: Requires documentation of the parent’s inability to safely parent; of diligent efforts to provide reunification services such as contacts with the parent; attempts to locate parents who have lost contact; services offered and provided; documentation that the parent was informed of the case plan, including the behavioral changes necessary to achieve reunification; documentation that the parent substantially neglected or willfully refused to remedy the circumstances that caused the child to be in out-of-home care including refusal to participate in reunification services offered by the Department.

• Length of time in care—15 months: Requires documentation of diligent efforts to provide reunification services such as contacts with the parent; attempts to locate parents who have lost contact; the services offered and provided; documentation that the parent was informed of the case plan, including the behavioral changes necessary to achieve reunification; documentation of the parent’s participation in reunification services; documentation that the parent has been unable to remedy the circumstances that currently cause the child to be in an out-of-home placement, or prevents the child from safely returning to the parent’s care; and documentation that the parent will be unable to safely parent in the near future.

• Relinquishment: If including a parent who has signed a consent to place the child for adoption in a petition to terminate the other parent's rights, submit the original, signed relinquishment forms to the Attorney General's Office.

• Notice of Claim of Paternity: If termination is sought due to the putative father's failure to file a notice of claim of paternity, then proof from the Putative Father Registry of failure to file notice is required. This will be obtained be the AAG.

• Unknown Parent: Document contacts (letters, emails, telephone calls, personal interviews) with the known parent (mother or father), relatives, friends, neighbors, etc. who may know the identity and whereabouts of the unknown parent of the child. If a possible parent is identified and there is no legal presumption of paternity, document attempts to locate the possible parent, including the date the Notice Regarding Possible Parent Status, CSO-4861 was sent to the individual. Document the results of locate efforts, whether the individual responded to the Notice, whether the individual requested DNA testing, whether DNA testing was provided by the Department, and the outcome of the paternity test.

• Prior Termination: Requires documentation of the prior termination within the preceding two years; requires documentation of the parent’s current inability to safely parent due to the same cause; Copies of current medical records, police records and psychological evaluations should also be obtained. A psychological assessment that the parent is currently unable to discharge parental responsibilities due to the same cause cited in the previous determination may be necessary. May also require documentation from the previous case, including a certified copy of the Order of Termination, a copy of the petition or motion, and a copy of the social study or report that was filed with the petition or motion.

• Re-entry: Requires documentation that the parent is currently unable to safely parent; Department previously made diligent efforts to provide appropriate reunification services through: contacts with the parent; services offered and provided; evidence that the parent was informed of the case plan, including the behavioral changes necessary to achieve reunification; and documentation of the parent's progress toward addressing the safety threats that caused the previous removal. A copy of previous and current dependency petitions; a copy of the court order that previously returned the child to that parent's legal custody; and the current order removing the child from the same parent are also required. Copies of current medical records, police records and psychological evaluations should be obtained. A psychological assessment that the parent is currently unable to discharge parental responsibilities should also be provided.

Effective Date: November 9, 2026

Revision History: November 30, 2012, August 03, 2018, February 1, 2021