Rule 15.4.1 - Involuntary Termination Of Parental Rights.(a)Petition.A petition for involuntary termination of parental rights under 2511 and 2512 of the Adoption Act shall be in the form set forth in Carbon Co. O.C.R. 15.4.2.
(b)Exhibits.The petition shall have attached to it the following exhibits, in addition to those specified in Carbon Co. O.C.R. 15.1.2:
(1) The joinder of the agency having care of the child and its consent to accept custody of the child until such time as the child is adopted. The joinder shall satisfy the requirements of Carbon Co. O.C.R. 15.2.1(b)(3).(2) A proposed decree nisi in the form set forth in Carbon Co. O.C.R. 15.4.3.(c)Disposition of Petitio(1) The petition shall be filed with the Clerk and a copy thereof shall be served upon the respondent. This shall be in addition to the notice of hearing required by 15.4.1(e).(2) At the time when the petition is filed with the Clerk, the matter shall be placed on the next available hearing list by the Clerk. However, the matter shall not be heard before the time for filing responsive pleadings has elapsed (O.C. 3.2.2). Notice thereof shall be given as required by Carbon Co. O.C.R. 15.4.1(e).(3) Absent exceptional circumstances, or unless the other parent is deceased, the court will not entertain a petition for involuntary termination of parental rights filed by an agency or an adult intending to adopt where the parental rights of the other parent have not been previously terminated, or cannot be terminated at the hearing.(4) If the court is satisfied that, after reasonable investigation, the identity of a natural parent is unknown, no notice under this Rule will be necessary with respect to such parent.(5) To establish a "reasonable investigation" a "Petition for Leave to Forego Involuntary Termination Proceedings Regarding the Unknown Parent of (name of child)" shall be presented to the Motions Judge and shall contain the following allegations: (i) the circumstances surrounding the conception of the child including the approximate date and location;
(ii) all of the information regarding the unknown parent that is known by the other natural parent or petitioner; and (iii) the efforts made by the identified natural parent or petitioner, by anyone acting on behalf of the identified parent, by petitioning adoptive parents and/or anyone acting on their behalf, to attempt to identify, locate, or contact the unknown natural parent based on the information provided in subsections (i) and (ii) above; or(iv) the reasons why any of the above information cannot be provided.(6)if a natural parent is not the petitioner there shall be attached to the petition as an exhibit: (i) the consent and joinder of the identified natural parent;(ii) a certified copy of the death certificate of the identified natural parent; or(iii) the affidavit of the identified natural parent that the allegations in the petition are true and correct and that the identity and whereabouts of the other natural parent are unknown to the affiant.(7) If the requirements of subparagraph (6) above cannot be satisfied, the petition shall contain an allegation explaining the reasons therefor.(d)Representation for Minors.(1) Counsel. When a petition for involuntary termination is being contested by one or both parents, counsel for the petitioners shall file with the petition or present, to the Motions Judge, prior to the scheduled hearing, a motion for the appointment of counsel to represent the minor child or children, together with a proposed order in a form approved by the court.
(2) Guardian Ad Litem. When the termination of the parental rights of a minor parent is sought, the court, if it finds that the minor parent is not adequately represented, may appoint a guardian ad litem to represent the interests of the minor parent.
(e)Notice and Hearing.(1) Notice of the hearing on the petition for involuntary termination of parental rights, in the form and manner prescribed by 2513 of the Adoption Act, shall be served upon the following persons: (i) the parent or parents whose rights are sought to be terminated; and(ii) the parent or parents and the guardian ad litem, if any, of a natural parent who is under the age of 18 years.(2) Each petitioner shall be examined under oath at the hearing unless excused by the court.(3) The notice of hearing required in this Rule shall be in addition to the requirement of service of the petition in accordance with Carbon Co. O.C..R. 15.4.1(c)(1).(f)Decrees of Termination of Parental Rights; Form.When a petition for involuntary termination of parental rights is uncontested by the respondent, the court, after hearing, shall issue an order setting forth its findings regarding the grounds for involuntary termination of parental rights and either granting or denying the termination. All such decrees of termination of parental rights in uncontested matters shall be final orders.