Ala. Admin. Code r. 660-5-30-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-5-30-.03 - Termination Of Parental Rights Process

(1) Making The Decision To Pursue Termination of Parental Rights.

(a) The decision to file a petition to terminate parental rights is made when:

1. a child cannot be safely returned home or permanently placed with relatives; the court has determined that reasonable efforts are not required because the child has been subjected to an aggravated circumstance such as, but not limited to, abandonment, substance abuse, sexual abuse, chronic abuse or torture; or when a parent has committed certain crimes against the child or another child of the parent; or, the child has been in foster care for 12 cumulative months of the most recent 22 months, unless one of three statutory exceptions exists including a compelling reason not to pursue termination.

2. Once the ISP team has established adoption as the permanency goal for the child or the court finds that no reunification efforts are required, ASFA mandates that the petition to terminate parental rights be filed within 60 days. For children who have been in care 15 of the last 22 months, a TPR petition must be filed unless there is a compelling reason not to do so (refer to Permanency Planning Policies And Procedures). For children who have been abandoned for 4 months, a TPR petition must be filed within 14 calendar day.

3. For those children receiving permanency through adoption, ASFA sets the timeframe for achieving this permanency goal as 24 months from the date the child entered care. Permanency is achieved when the final decree of adoption is signed.

(2) The Petition To Terminate Parental Rights.

(a) The TPR petition is to be prepared and filed in the juvenile or family court clerk's office by the local attorney who has been approved by SDHR Legal to represent the county department.

(3) Procedures After The Court Hearing Until The Adoptive Placement.

(a) Provide termination visit with birth parents when appropriate

1. For many children, a termination visit with the birth parents is needed or desirable. No child should be allowed to visit parents or relatives after parental rights have been terminated without the decision being made by the ISP team. The decision must be based on best interests of the child and whether it will support the child's permanency goal and ensure safety not only in the immediate time, but in the future. Termination visits must be based on the attachment to the birth parent and documentation to support that termination of any contact would cause irreparable harm to the child.

2. The child's County DHR worker is to maintain the casework relationship with the child. This relationship is needed to prepare the child for placement in consideration with the Office of Adoption Placement Consultant and to participate in the adoption pre-placement and placement process with the Placement Consultant.

3. Decisions on publicity for children in the permanent custody of the Department require permission from the Office of Adoption. These decisions are to be made on a case-by-case basis depending on each child's individual circumstances (e.g., the exact nature of the publicity; the age of the child; the proximity of the birth family).

Ala. Admin. Code r. 660-5-30-.03

New Rule: Filed August 12, 2004; effective September 16, 2004.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. 11/14/2020.

Author: Shawanda Harris

Statutory Authority:Code of Ala. 1975, §§ 12-15-317 through 12-15-319, 38-2-6(10), (14), 12-15-315, 12-15-312; and the Adoption and Safe Families Act of 1997 (ASFA), Public Law 105-89. R.C. v Hornsby, No 88-H-1170-N, Consent Decree (M.D. Ala. Approved December 18, 1991), (Terminated January 16, 2007).