Compelling Reason(s) 624-05-15-30-15
(Revised 2/1/22 ML #3657)
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A petition for termination of parental rights need not be filed if:
- The child is being cared for by a relative approved by the human service zone;
- The human service zone has documented in the case plan a compelling reason for determining that filing such a petition would not be in the child's best interests and has notified the court that the documentation is available for review by the court; or
- The human service zone has determined:
- Reasonable efforts to preserve and reunify the family are required under section 27-20.3-21 to be made with respect to the child;
- The case plan provides such services are necessary for the safe return of the child to the child's home; and
- Such services have not been provided consistent with time period described in the case plan.
Determining if the filing of a petition to terminate parental rights would not be in the child's best interest; agencies must document on the SFN 348. Compelling reasons reflect consideration of:
- The child's age;
- The portion of the child's life spent living in the household of a parent;
- The availability of an adoptive home suitable to the child's needs;
- Whether the child has special needs; and
- The expressed wishes of a child age ten or older.
Examples of "compelling reasons" include, but are not limited to, the following:
- Adoption is not the best plan for the child.
- The child has expressed a desire to avoid TPR and/or adoption.
- The child has a significant bond with a non-family member who wishes to serve as a legal guardian.
- 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.
- 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.
- 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.
- There are insufficient grounds for filing a TPR petition.
Custodial agencies are to complete the 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 document any compelling reasons. This form is to be retained in the child's file.