Court initiates termination of parental rights
Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103
(a)
- (1) Sometimes the court will determine that the goal should be termination of parental rights when it is not the recommendation of the Department of Human Services.
- (2) In these instances, the following procedures will apply.
(b) The Family Service Worker will:
- (1) Work with the Office of Chief Counsel attorney to file a petition to terminate parental rights within thirty (30) days from the date of the entry of the court order;
- (2) Notify the Area Director in writing with a copy of the order attached;
- (3) Consult the County Supervisor and the Office of Chief Counsel attorney immediately if the order should be appealed or if a rehearing is appropriate;
- (4) Work with the Office of Chief Counsel attorney to prepare for termination of parental rights hearing;
(5)
- (A) Schedule and conduct a staffing, if applicable, to determine if continuing contact with the birth/legal parent or parents or putative parent could cause harm to the child and to determine the likelihood that the child will be adopted if the termination petition is granted.
- (B) Those invited to participate in the staffing are the birth/legal parent, attorney for the parent, age-appropriate child, the Office of Chief Counsel attorney, County Supervisor, Adoption Specialist, attorney ad litem, and foster parents;
- (6) Provide the Office of Chief Counsel attorney with the name and address of any grandparent who is entitled to notice based on the conditions listed in 9 CAR § 40-406, notification of relatives and fictive kin, when a child is taken into custody by the Division of Children and Family Services and related procedures;
- (7) Provide the Office of Chief Counsel attorney with the name and last known address of a birth/legal parent or parents or putative parent or parents so that notice of the termination petition can be provided; and
- (8) Refer to 9 CAR § 40-917 or 9 CAR § 40-928 if termination of parental rights with power to consent to adoption is granted.