Compelling Reason(s) for Determining that Filing a Petition to Terminate Parental Rights Would Not Be in the Child's Best Interest 624-05-15-30-15

(Revised 2/10/07 ML #3053)

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PI 21-17

PI 21-17 Attachment A

PI 21-17 Attachment B

PI 21-17 Attachment C

PI 21-17 Attachment D

PI 21-17 Attachment E

PI 21-17 Attachment F

PI 21-17 Attachment G

 

 

These mandatory deadlines for filing a termination of parental rights do not apply, however, if one of the following is true:

  1. The child is being cared for by a relative approved by the agency; or
  2. The agency has determined that reasonable efforts to reunify child and family are required, the case plan indicates that services are necessary for the safe reunification, and such services have not been provided consistent with time periods prescribed in the case plan; or [Document this in the case plan (compelling reason not to file TPR). This must be available to the court at the next court hearing.]
  3. The agency has documented in the case plan a compelling reason why Termination of Parental Rights (TPR) would not be in the child’s best interests and has notified the court that the documentation is available for review by the court. The “compelling reason” must be a recorded statement which reflects consideration of all of the following:

 

The child’s age,

  1. The portion of the child’s life spent living in the household of a parent of the child,
  2. The availability of an adoptive home suitable to the child’s needs,
  3. Whether the child has special needs, and
  4. The expressed wishes of a child age 10 or older.

 

Examples of “compelling reasons” include, but are not limited to, the following:

  1. Adoption is not the best plan for the child.
  2. The child has expressed a desire to avoid TPR and/or adoption.
  3. The child has a significant bond with a non-family member who wishes to serve as a legal guardian.
  4. The parent and child have a significant bond, but the parent cannot care for the child due to parent’s emotional or physical disability, and another permanency plan has been identified for the child.
  5. The parent has made significant measurable progress and continues to make diligent efforts to complete the requirements of the case plan, but needs more time to do so.
  6. The placement of the child is due primarily to the child’s behavior despite continued parental efforts at control and supervision, and progress is being made on improving the child’s behavior.
  7. There are insufficient grounds for filing a TPR petition.

 

Please use SFN 348, “Compelling Reason(s) for Determining that Filing a Petition to Terminate Parental Rights Would Not be in the Child’s Best Interest,” to carefully document any compelling reasons.