A petition for termination of parental rights must be made under oath and shall include at least the following:
(a) Name, date, and place of birth, if known, of the minor.
(b) Name and address of the petitioner.
(c) Name and place of residence, if known, of each of the parents of the minor.
(d) Name and address of the minor’s guardian in protection or adoption proceedings.
(e) A brief statement of the facts that the petitioner deems are sufficient grounds to petition for termination of parental rights.
(f) Consequences of the termination order.
The court shall set a date for the termination of parental rights hearing within ten (10) days as of the filing of the petition, which hearing shall not be suspended except for just cause. Furthermore, at the time the petition is filed, the parties shall be notified of their right not to be deprived of their parental rights without being assisted by legal counsel. If the respondent fails to appear or fails to justify his/her failure to appear, the court shall find him/her in contempt and may pronounce judgment without further summons or hearing. Moreover, the proceedings for termination of parental rights may be held simultaneously with adoption proceedings, as provided in §§ 2699 et seq. of Title 32, known as the “Special Legal Proceedings Act.” Once the termination of parental rights is final and binding, the Department may immediately initiate the adoption process.
The father and/or mother may voluntarily waive their parental rights over the minor without being represented by legal counsel. Consent shall be given in writing, willingly and voluntarily, and in court for the judge’s verification. The judge shall advice of the consequences of an order to waive parental rights.
History —Dec. 16, 2011, No. 246, § 53, eff. 90 days after Dec. 16, 2011.