1. (a)

   1. (1) All children have a right to a safe, permanent family.
   2. (2) The Division of Children and Family Services shall develop and implement permanency plans for children.
   3. (3) One option is to terminate parental rights to a child for adoptive placement, when it has been determined that reunification with the family is not a viable option.
   4. (4) The court may consider a petition to terminate parental rights (TPR) if the court finds that there is an appropriate permanency placement plan for the child.
   5. (5) A court may terminate the rights of one (1) parent and not the other parent if the court finds that it is in the best interest of the child.
2. (b) It is not required that a permanency planning hearing be held as a prerequisite to the filing of a petition to terminate parental rights, or as a prerequisite to the court considering a petition to terminate parental rights.

3. (c) The division will file a petition to terminate parental rights under the following circumstances:

   1. (1)

      1. (A) A child (of any age) has been in an out-of-home placement for fifteen (15) of the most recent twenty-two (22) months.
      2. (B) The petition must be filed by the end of the child’s fifteenth month in foster care.
      3. (C) In calculating when to file a petition for TPR, the division:

4. (i) Will calculate the fifteen (15) out of the most recent twenty-two-month period from the date the child entered foster care;

   1. (ii) Will use a cumulative method of calculation when a child experiences multiple exits from and entries into foster care during the twenty-two-month period; and

      1. (iii) Will not include trial home visits or runaway episodes in calculating fifteen (15) months in foster care; or

   2. (2) The parent is found by a court of competent jurisdiction to:

      1. (A) Have committed murder of any child;
      2. (B) Have committed manslaughter of any child;
      3. (C) Have aided or abetted, attempted, conspired, or solicited to commit such a murder or such an act of manslaughter;
      4. (D) Have committed a felony battery that results in serious bodily injury to any child or have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any child;
      5. (E) Have subjected any child to aggravated circumstances (see 9 CAR § 40-102, definitions);
      6. (F) Have had his or her parental rights involuntarily terminated as to a sibling of the child; or

      7. (G) Have abandoned an infant, as defined at Arkansas Code § 9-27-303(2) (the petition to TPR will be made within thirty (30) days of the judicial determination that the child is an abandoned infant).

         1. (d) The petition to terminate parental rights will be made within thirty (30) days of a judicial determination that reasonable efforts to reunify the child and parent are not required.

5. (e) The division may elect not to file or join a petition to terminate parental rights if:

   1. (1) The child is being cared for by a relative, the relative has made a long-term commitment to the child, and the relative is willing to pursue guardianship or permanent custody of the juvenile;
   2. (2) The child is being cared for by his or her parent who is in foster care, and TPR is not in the best interest of the child;
   3. (3) The division has documented in the case plan a compelling reason why filing such a petition is not in the best interest of the child and the court approves the compelling reason as documented in the case plan; or
   4. (4) The division has not provided to the family of the child, consistent with the time period in the case plan, such services as the division deemed necessary for the safe return of the child to the child’s home if reunification services were required to be made to the family.
6. (f) If a juvenile is the subject of an open case filed under the Arkansas Juvenile Code, Arkansas Code § 9-27-301 et seq., the Office of Chief Counsel will file all subsequent petitions (i.e., TPR, adoption, guardianship) in that same circuit court and case.
7. (g) If the court adopts the goal of termination of parental rights, the division shall file a petition to terminate parental rights within thirty (30) days from the date of the entry of the order establishing such goal.

8. (h) If the court finds that the child should remain in an out-of-home placement, either long-term or otherwise, the child’s case shall be reviewed every six (6) months, with an annual permanency planning hearing.

   1. (i) Additionally, if the child has been in an out-of-home placement fifteen (15) of the last twenty-two (22) months, and a termination petition has been filed by another party, the division will seek to join the petition.
9. (j) Concurrent with the filing of a termination petition, the division will identify, recruit, process, and approve a qualified family for adoption.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "08/2013"