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:

  1. The child is being cared for by a relative approved by the human service zone;
  2. 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
  3. The human service zone has determined:
  1. Reasonable efforts to preserve and reunify the family are required under section 27-20.3-21 to be made with respect to the child;
  2. The case plan provides such services are necessary for the safe return of the child to the child's home; and
  3. 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:

  1. The child's age;
  2. The portion of the child's life spent living in the household of a parent;
  3. The availability of an adoptive home suitable to the child's needs;
  4. Whether the child has special needs; and
  5. The expressed wishes of a child age ten 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.

 

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.