Custodial/noncustodial parent or parents requests termination of parental rights
Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103
(a) When parents want to relinquish custody to the Department of Human Services and free a child for a permanent placement (refer to 9 CAR § 40-916), the Family Service Worker or the Adoption Specialist (for unborn or newborn infants only) will:
- (1) Discuss service options and offer services to maintain the family unit;
(2)
- (A) Read to the parent the section of the consent form that explains the right to withdraw consent to termination of parental rights form.
- (B) The consent to terminate parental rights shall state the person has the right to withdraw consent, within ten (10) calendar days from the signature date, by filing an affidavit with the clerk of the Juvenile Division of Circuit Court in the county designated by the consent as the county in which the termination of parental rights will be filed, and providing the address of the juvenile court clerk of the county in which the termination of parental rights will be filed.
- (C) The Family Service Worker will assist the parent in filing the affidavit to withdraw parental consent.
- (D) If the ten-day period ends on a weekend or legal holiday, the parent may file the affidavit the next working day.
- (E) No fee shall be charged for the filing of the affidavit; and
- (3) Notify the Office of Chief Counsel attorney.
(b) If the parents still wish to relinquish custody to the Department of Human Services (refer to 9 CAR § 40-916) after efforts to preserve the family have been offered, the Family Service Worker or the Adoption Specialist (for unborn or newborn infants only), will:
- (1) Present an OCC-410: Consent to Termination of Parental Rights to the parents and explain the form;
- (2) Notify County Supervisor in writing if parents sign OCC-410, with a copy attached;
- (3) Notify the Office of Chief Counsel attorney in writing with the original OCC-410 attached;
(4)
- (A) Schedule and conduct a staffing, if applicable, to determine if continuing contact with the custodial/noncustodial 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 custodial/noncustodial parent or parents, attorney for the parent, age-appropriate child, the Office of Chief Counsel attorney, County Supervisor, Adoption Specialist, attorney ad litem, and foster parents;
- (5) Obtain written consent of the Area Director, if applicable;
- (6) Work with the Office of Chief Counsel attorney to prepare for termination of parental rights hearing;
- (7) Provide the Office of Chief Counsel attorney with the name and last known address of a custodial/noncustodial 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.