- (1) If a court determines that reunification services are not appropriate, Child and Family Services shall petition for termination of parental rights in accordance with Section 80-3-409.
- (2) Child and Family Services shall document in the child and family plan and the court report when a determination is made that there are compelling reasons that filing for termination of parental rights is not in the child's best interest and shall make the plan available to the court for review.
- (3) When Child and Family Services files a petition to terminate parental rights, if a permanent family has not already been identified for the child, the caseworker must concurrently begin to identify, recruit, process, and seek approval of a qualified adoptive family for the child. These efforts must be documented in the case record as specified in Rule R512-300.
- (4) If the child is Native American, the Indian Child Welfare Act of 1978, 25 USC 1913, applies.
- (5) Child and Family Services shall not give approval to finalize an adoption until the period to appeal a termination of parental rights has expired. If an appeal has been filed, the adoption may not be finalized until the appeal is resolved.
KEY: social services, child welfare, domestic violence, child abuse
Date of Last Change: November 5, 2023
Notice of Continuation: February 14, 2023
Authorizing, and Implemented or Interpreted Law: 80-2-301; 80-2-302; 80-2a-302; 80-3-104; 80-3-307; 80-3-406; 80-3-409; 80-4-307