1. A. Except as otherwise provided by this section, the district attorney shall file a petition for termination of the parent-child relationship and parental rights with respect to a child or, if a petition has been filed, shall join in the petition filed by the child's attorney, pursuant to any of the following circumstances:

   1. 1. The child has been placed in foster care by the Department of Human Services for fifteen (15) of the most recent twenty-two (22) months. For purposes of this paragraph, a child shall be considered to have entered foster care on the earlier of:

      1. a. the date of adjudication as a deprived child, or
      2. b. the date that is sixty (60) days after the date on which the child is removed from the home;

   2. 2. The child has been placed in foster care by the Department of Juvenile Justice or in a child-care institution, as defined in Section 472 (c)(2) of the Social Security Act, by the Department of Juvenile Justice for fifteen (15) of the most recent twenty-two (22) months. For purposes of this paragraph, a child shall be considered to have entered foster care on the earlier of:

      1. a. the date of the disposition as a delinquent, or
      2. b. the date that is sixty (60) days after the date on which the child is removed from the home;
   3. 3. The child has been judicially determined to be an abandoned infant;
   4. 4. A court has determined that the parent has committed the murder of any child or has aided or abetted, attempted, conspired in, or solicited the commission of the murder of any child;
   5. 5. A court has determined that the parent has committed voluntary manslaughter of another child of the parent, or has aided or abetted, attempted, conspired in, or solicited the commission of voluntary manslaughter of another child of the parent; or
   6. 6. A court has determined that the parent has committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent.

2. B. If any of the following conditions exist, the district attorney is not required to file a petition as provided in subsection A of this section for a deprived child:

   1. 1. At the option of the Department of Human Services or by order of the court, the child is properly being cared for by a relative;
   2. 2. The Department of Human Services has documented in the child's case plan that is provided or available to the court a compelling reason for determining that filing the petition would not be in the best interests of the child; or
   3. 3. The state has not provided to the family of the child, consistent with the time period in the state case plan, such services as the state deems necessary for the safe return of the child to the child's home, if reasonable efforts are required to be made with respect to the child.

3. C. If any of the following exist, the district attorney id not required to file a petition as provided in subsection A of this section for a delinquent child:

   1. 1. At the option of the Department of Juvenile Justice or by order of the court, the child is properly being cared for by a relative; or
   2. 2. The Department of Juvenile Justice has documented in the child's case plan that is provided or available to the court a compelling reason for determining that filing the petition would not be in the best interests of the child.

Laws 1998, SB 1224, c. 421, § 15, emerg. eff. June 11, 1998; Amended by Laws 1999, HB 1843, c. 365, § 1, eff. November 1, 1999 (superseded document available).