Compelling and extraordinary reasons why termination of parental rights would not be in the child's best interests may include, but are not limited to:
(a) When a child is being cared for by a relative and that relative, who is otherwise an appropriate, safe and loving placement for the child, is unwilling to participate in termination of parental rights proceedings;(b) Guardianship is available;(c) When the natural parent(s) are incarcerated but subject to be released within a reasonable time and could be given an opportunity to work a service plan toward possible reunification;(d) When a natural parent is terminally ill and unable to care or provide for the child;(e) The absence of the parent is due to the parent's admission or commitment to any institution or health facility or due to active service in State or Federal armed forces;(f) A child twelve (12) years or older objects to the termination of parental rights;(g) The child is placed in a residential treatment facility and adoption is unlikely or undesirable or the child is not in an adoptive placement or it is likely the child will age out of the Department of Child Protection Services' custody rather than be adopted;(h) For compliance with the Indian Child Welfare Act;(i) The Mississippi Department of Child Protection Services has not provided services within the timeframes indicated in the case plan and there is evidence that the family may achieve reunification within six (6) months or there is a finding that reasonable efforts were not made.Added by Laws, 2024, ch. (number not assigned at time of publication), SB 2792,§ 7, eff. 7/1/2024.