A Critical Look At The Foster Care SystemFoster Care Financing
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"Adoption was created to provide homes for orphans. These by definition are children without parents. Car crashes, war, natural disasters.  It was never created to provide children to 'poor infertile couples'. When did the wires get crossed? I guess when someone started making money. Children are not a commodity!!!! Get a puppy." 
- An adoptee

 "Follow the money"  - Deep Throat

Adoption Incentive Payments FY 2005
State
Award
Alabama
$386,000
Colorado
$64,000
District of Columbia
$1,072,000
Florida
$3,486,000
Georgia
$656,000
Hawaii
$54,000
Idaho
$296,000
Indiana
$890,000
Kansas
$706,000
Kentucky
$1,074,000
Massachusetts
$16,000
Mississippi
$650,000
Nebraska
$352,000
New York
$1,978,000
North Dakota
$34,000
Oklahoma
$130,000
South Carolina
$68,000
South Dakota
$56,000
Tennessee
$176,000
Texas
$494,000
Vermont
$328,000
Virginia
$306,000
West Virginia
$88,000
Wisconsin
$210,000
Wyoming
$32,000
Puerto Rico
$886,000

 

FOR IMMEDIATE RELEASE:
Tuesday, September 20, 2005
Contact: Jane Norris
(202) 401-9215

$14.5 Million Awarded to States for Increasing Adoptions
2,708 More Children Adopted

WASHINGTON, D.C. --- The U.S. Department of Health and Human Services’ Administration for Children and Families (ACF) today announced $14.5 million in payments to 24 states, the District of Columbia and Puerto Rico for increasing the number of children adopted from state-supervised foster care in fiscal year 2004.

“A permanent, loving home is important to helping children grow into healthier, happier adults,” HHS Secretary Mike Leavitt said.  “This administration is rewarding states for increasing the number of adoptions and helping states strengthen their programs so even more children can grow up in a permanent, loving home. Through these rewards, we are recognizing states’ efforts to increase adoptions and strengthen their programs to help children and families.”

ACF is providing an incentive payment to states that completed more adoptions in 2004 than in the baseline year, which is the higher year of 2002 or 2003. Payments are also given for increases in the adoption of older children, as well as for children with special needs. States receive $4,000 for every child adopted beyond its best year’s total, plus a payment of $4,000 for every child aged nine and older, and $2,000 for every special needs child adopted above the baseline year.

“These awards recognize the substantial progress states are making in finding permanent adoptive families for children in foster care,” said Wade F. Horn, Ph.D., HHS’ assistant secretary for children and families. “The incentives awarded for older children are particularly important, because about half the children in foster are at least nine years old and are at risk of aging out of foster care with no ties to a permanent, loving family.”

The adoption incentive awards were originally enacted as part of the Adoption and Safe Families Act of 1997, and more recently were extended and expanded to focus on older youth by the Adoption Promotion Act of 2003. Each year about 51,000 children nationwide are adopted from foster care.

President Bush’s efforts to promote adoption also include a Web site, www.adoptuskids.org, which links children in foster care with potential adoptive families across the country. Launched in July 2002, the web site features approximately 3,700 children in foster care and directs interested families to appropriate state agencies for more information. As of today, over 5,000 children from this site have been placed into permanent homes.

 

Adoption is big business. More to come on Adoption, Wrongful Adoptions and topics about adoption.

A Critical Look At The Foster Care System
Foster Care Financing





FOSTER CARE FINANCING

The Federal government provides tremendous financial incentives to maintain foster care programs. One Federal program that helps states cover the cost of foster care grew from about $300 million in 1981 to nearly $2.7 billion in 1991.[1]

According to the General Accounting Office, in 1993 nearly $1.3 billion Federal dollars went to foster care maintenance, while an additional $1.1 billion in reimbursements went to states for foster care related administrative activities.[2]

According to the GAO report, while states provide the majority of funds for foster care and child welfare services, by 1995 the Federal share of expenditures for these services reached $4.1 billion.

The Congressional Budget Office estimated the Federal government will spend over $9.2 billion between fiscal year 1991 and 1996 for foster care programs.[3]

In 1995, states received more than $2.8 billion in federal assistance for approximately half of the estimated 494,000 children in foster care.

The Congressional Budget Office estimates that by 2001, federal costs will rise to $4.8 billion with caseloads of federally assisted foster care children increasing by almost 26 percent.[4]

According to an analysis done for TIME Magazine by the Child Welfare League of America, the annual welfare cost of one child living with his or her mother is $2,644, while the average cost for the child's care in residential group care is $36,500.[5]

The best estimates currently available of the total of all annual expenditures on foster care services nationwide is in the range of ten to twelve billion dollars.[6]

These are national averages. For a closer look at how these funds are being disbursed, we turn to the States.


A CLOSER LOOK

That many states and municipalities have arranged their affairs in order to maximize the influx of Federal dollars is without question.

The Texas Comptroller of Public Accounts, for example, recommended in a 1993 report that the Texas Department of Protective and Regulatory Services should: "enlist a contractor to take on an agency wide Federal funds maximization effort on a no-risk, contingency basis." Result?

A fixed-price contract was awarded by DPRS in 1993, and the contractor has worked with the agency to implement Federal revenue maximization efforts in many programs. As a result, DPRS has made a significant move to maximize Federal funds and estimated $84 million would be achieved by the end of the current biennium.[7]

In a recent edition of the annual Texas Performance Review, the Comptroller of Public Accounts devotes a chapter to foster care, entitled "Maximize Federal Funding for Child Welfare Programs." Among his conclusions:

Classifying children in the conservatorship of the state who are placed in the homes of relatives as "children in foster care" would make them eligible for Medicaid, while the state would be able to receive matching Federal funds for associated administrative expenses.
Cost shifting arrangements such as these are often considered as legal. But are they? The U.S. Department of Health and Human Services Office of the Inspector General issued an Audit Report in February of 1996, the result of a three year study of the Texas Foster Care System. Among its conclusions:
This final report points out that over a 3-year period at least $2.7 million (Federal share $1.7 million) was improperly retained by 9 child placing agencies in Texas for unallowable services under the Title IV-E Foster Care program. The retained funds were used for such services as costs of operations, case management, therapy, counseling, respite care, psychiatrists, training, transportation, day care assistance, and administrative costs.[8]

The use of such funding to offset "administrative costs" and other expenses associated with foster care and child welfare is not uncommon, according to a recent study issued by the Office of the HHS Inspector General, Review of Rising Costs in the Emergency Assistance Program.

According to the report, the State of New York diverted more than half of its claim for Emergency Assistance funds, over $230 million, to offset administrative costs for child protective workers in Fiscal Year 1994.[9]

New York State projects the total of its foster care costs shifted to the Emergency Assistance Program to be $107 million during Fiscal Years 1995-96, according to the report.

Similar creative financing efforts can be found throughout the states, and the Emergency Assistance funds provide just one of the means by which many states seek to offset administrative expenses associated with their foster care and child protective systems, while maximizing Federal revenue.

In Arizona, in Fiscal Year 1994, of the state's total claim of $6,770,648 in Emergency Assistance funds, only $1 million were shifted to the state foster care program. The Fiscal Year 1995 and 1996 projections were for $10 million per year, a tenfold increase, according to the Inspector General.

California has taken an even more creative approach to maximizing Federal revenue. The state first set the income standard for eligibility for Emergency Assistance at 200 percent of the median income level for a family-of-four, an income of $92,800.

When that failed to produce the desired Federal revenue, the state amended its definition of a family unit to a family-of-one effective late September of 1994. Notes the Inspector General: "As such, the income of only the child facing the emergency is currently measured against the $92,800."

Colorado has taken a similar approach, setting the family income requirements for Emergency Assistance at $75,000 a year.

Why such high income limits for a program intended to provide short term emergency relief to those in need? According to the report:

As a result of lengthening EA eligibility periods, defining emergencies broadly, and setting high income limits for determining eligibility, States amended their respective EA Programs to shift State funded long-term services to the EA Program, thereby maximizing Federal revenue.
The State of Connecticut projected the shifting of $41 million in foster care costs to the Emergency Assistance Program during the years 1995 and 1996.

Pennsylvania projected that it will shift $70 million in Emergency Assistance funds toward its foster care programs during the same period. All of these funds are in addition to the Federal Foster Care funds being received by the states.

The projections provided in the report indicate that during Fiscal Years 1995 through 1996 these Emergency Assistance expenditures will exceed $2 billion. Where is all of this money going? "The EA expenditures are escalating at a rapid pace due mainly to three types of costs, juvenile justice, foster care, and child welfare services."

In Maryland, another recent Inspector General's Audit Report details a review of payments made by the Department of Human Resources under the Emergency Assistance to Needy Families With Dependent Children program for the period October 1, 1990 through September 30, 1992. During this period the Department was reimbursed $5,380,658 in Federal Financial Participation.

It was found that: "of 220 EAFC payments, 55 payments, or 25 percent, were either not supported by a case file and/or a client application form, or were otherwise ineligible for FFP under the EAFC program."[10]

The State of Illinois was the subject of another HHS Inspector General's Audit. The report, issued in August of 1996, details a similar pattern of cost shifting to Federal programs:

This final audit report points out that the State agency allocated joint training costs to the Federal Foster Care program only, although the State Foster Care program also benefited. As a result, the Federal program was overcharged approximately $5.8 million during the period January 1, 1992 through December 31, 1994.[11]


NO STRANGER

Illinois is no stranger to misappropriating funds. About $1 million from a fund intended for recruiting and training foster parents was used by DCFS to pay bills that had nothing to do with the program.

At least 20 percent of the $4.6 million fund, known as the Foster Care Initiative, was used to pay bills for security guards, temporary secretaries, bottled water, accounting fees, trash collection, equipment, furniture, utility bills and office rent, according to state records.

Nearly all of the payments were authorized by Sue Suter, the former director of the Illinois Department of Children and Family Services. Suter resigned in August of 1992, because, she said, she didn't have enough money to carry out the court-ordered reforms instituted by an ACLU lawsuit. Those reforms included finding more foster parents.

"This agency has a history of taking funds intended for foster parents and children, and, through one ruse or another, using it to support the bureaucracy," said Benjamin Wolf, the ACLU attorney who instituted the suit.[12]


THE ANCILLARY INCENTIVES

But what of the therapy, counseling, respite care, psychiatrists, and other services spoken of in the Inspector General's Audit in Texas? The answer may be found in California.

The Santa Clara Grand Jury determined that the local child welfare agency puts too much money into "back-end services," such as therapists, counselors and attorneys, and not enough money into those "front-end" services which would help prevent foster care placement. The reason?

The county does not receive as much in Federal funds for 'front-end' services, which could help solve the problems causing family inadequacies, as it receives for out-of-home placements or Foster Care services. In other words, the Agency benefits, financially, from placing children in foster homes.[13]

How does this work in practice?

A recent South Carolina audit of its Department of Social Services reports that 73% of foster care children were in "regular" foster homes, yet these placements consumed only 15% of the state's annual foster care budget.

The auditors found that 85% of foster care expenditures went to cover the costs of the special need placements in therapeutic and residential treatment centers, which can cost more than $10,000 per month.

It was found that at least 15% of these placements were questionable or inappropriate. It was also determined that children are often placed in such facilities by county agencies because there is a shortage of "regular" foster homes available.[14]

These huge financial incentives also offer opportunities for gain beyond the warehousing of children. In January of 1996, Federal prosecutors filed a civil suit against the New York City Child Welfare Administration and the State, charging that during a four-year period they knowingly defrauded the U.S. government of $37 million in Federal funds for foster care services never provided.[15]

Meanwhile, back at the ranch, the Texas Comptroller of Public Accounts also provides the means whereby the State may maximize Federal participation in non-recurring adoption expenses, through retroactive filings. From whom did the Texas Comptroller of Public Accounts determine that he could accomplish this creative, albeit apparently legal financial maneuver? The answer is to be found in a footnote to his latest report:

Interviews with Lyle L. Koenig, Minnesota Department of Human Services, and Timothy Dutra, Rhode Island Department of Children and Their Families, September 1994.
All of this serves to illustrate what the States themselves are doing to maximize Federal revenues, and this report is by no means comprehensive.

The opportunities for such creative financing and diversion of funds are even greater at the municipal level, where there is considerably less accountability. There is also mounting public concern over the numerous "public-private partnerships" that have developed between municipalities and private foster care and child welfare service providers. A variety of special interest groups also lobby for additional funds for the services they provide.


 
 

  

  
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Termination of Parental Rights
State Links



Alabama

Statute: 26-18-7

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, felony assault of child or sibling, murder/manslaughter of sibling child, aggravated circumstances.

 

Alaska

Statute: 25.23.180(a), (c); 47.10.011; 47.10.080 (c) (3), (o); 47.10.088 (a) – (h)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, parent without custody unreasonably withholding consent, homicide of other parent, child induced to commit crime.

Exceptions: State may elect not to file petition if: 1) agency documents compelling reason for determining that filing petition would not be in best interests of child, including that child is being cared for by relative; 2) agency has not provided to parent the services that the agency has determined are necessary for safe return of child.

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Arizona

Statute: 8-533; 8-846(B)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to establish paternity, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, parental identity unknown, child returned home and removed again, voluntary relinquishment.

 

Arkansas

Statute: 9-27-341(a)-(c)

Standard: Child out of parent’s custody 12 months (Ark. Code Ann.  9-27-341(b)(2)(A), Michie Supp.  1995). [1998]

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, presumptive legal father not the biological father, voluntary relinquishment, aggravated circumstances.

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California

Statute: Welf. & Inst. Code 361; 361.5(b), (h), (i); 366.26(c)(1)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, child suffering from extreme emotional damage, location of parent(s) unknown, voluntary relinquishment, parent has abducted the child, conception result of sexual abuse.

Exceptions:  Exceptions to termination requirement in 366.26 hearings (discretion of court): 1) case plan documents a compelling reason why it is unlikely that the child will be adopted or that one of these conditions exists: child 12 or older objects to TPR; child is in a residential treatment facility, adoption unlikely or undesirable, and continuation of parental rights would not prevent finding a permanent family placement; child is living with a relative or foster parent who is unable or unwilling to adopt because of exceptional circumstances and removal of child would be detrimental to child (does not apply to child living with non-relative and who is either (i) under 6, or (ii) a member of a sibling group where at least one child is under 6 and the siblings are, or should be, permanently placed together); at each and every hearing at which court required to consider reasonable efforts, court determined that reasonable efforts were not made; 2) a hearing for TPR, guardianship or long-term foster care has already been set; 3) court has found that there is substantial probability that child will be returned within time permitted; 4) court has found that reasonable reunification services have not been offered or provided; 5) court has found that at each hearing at which court was required to consider reasonable efforts that reasonable efforts were not made.

 

Colorado

Statute: 19-3-604

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, identity of parent(s) unknown, history of violent behavior.

Exceptions:  Exceptions to criteria for TPR when child in foster care for 15 of most recent 22 months: 1) child placed with relative; 2) agency has documented that filing TPR is not in child’s best interest; 3) services not provided; 4) length of time in foster care is due to circumstances beyond the control of parent, such as incarceration for reasonable time, court delays.

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Connecticut

Statute: 17a-111a; 17a-111b(a); 17a-112(i)-(k)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, failure to achieve personal rehabilitation, aggravated circumstances, conception result of sexual abuse, voluntary relinquishment.

Exceptions:  State may elect not to file petition if: 1) child in care of relative; 2) compelling reason that filing is not in child’s best interest; 3) parent has not been offered services in permanency plan or services where available.

 

Delaware

Statute: tit. 13 1103

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, felony conviction/incarceration, failure of reasonable efforts, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, failure to establish paternity, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, voluntary relinquishment.

 

District of Columbia

Statute: 4-1301.09a(d); 16-2353; 16-2354(b)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, sexual abuse, abuse/neglect or loss of rights of another child, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, need for continuity and care, quality of relationship, location of parent(s) unknown.

Exceptions:  The District need not file a motion if the Department of Human Services determines and has documented in the case plan that:  1) the child is being cared for by an approved kinship caregiver and adoption is not the child’s permanency plan; 2) a compelling reason for determining that filing such a motion would not be in the best interest of the child; 3) the District has not offered or provided to the family of the child, consistent with the case plan, such services as the District deems necessary for the safe return of the child to the child’s home.

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Florida

Statute: 29.806

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, egregious conduct, voluntary relinquishment, identity or location of parent(s) unknown.

Exceptions:  State may elect not to file petition if: 1) child being cared for by relative who chooses not to adopt; 2) court determines that filing not in best interest of child; 3) state has not provided services deemed necessary for safe return of child.

 

Georgia

Statute: 15-11-58; 15-11-94

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, failure to comply with child support decree, aggravated circumstances, voluntary relinquishment, egregious conduct.

Exceptions:  State may elect not to file petition if: 1) child being cared for by relative; 2) case plan documents compelling reason why TPR is not in best interest of child; 3) agency has not provided services agency deems necessary for safe return of child.

 

Hawaii

Statute: 571-61; 587-2

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, failure to establish paternity, felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment, aggravated circumstances, presumed father not the natural or adopted father.

Exceptions:  The state has documented a compelling reason why it would not be in the best interest of the child to file a motion, or the state has not provided to the family of the child, consistent with the time period in the service plan, such services as the department deems necessary for the safe return of the child to the family home.

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Idaho

Statute: 16-2005; 16-1608(e)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, father not the natural parent, murder of child’s parent, conception result of rape, voluntary relinquishment, aggravated circumstances.

Exceptions:  Presumption may be rebutted by a finding of the court that: 1) filing not in best interest of child; 2) reunification services have not been provided; 3) child is placed permanently with relative.

 

Illinois

Statute: 750 ICS 50/1; 705 ICS 405/1-2; 705 ICS 405/2-13

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, failure to establish paternity, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, adultery or fornication, depravity, murder of child’s parent, aggravated circumstances.

Exceptions:  State may elect not to file petition if: 1) child being cared for by relative; 2) case plan documents compelling reason why TPR is not in best interest of child; 3) court has found within the preceding 12 months that the state has failed to make reasonable efforts to reunify the child and family.

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Indiana 

Statute: 31-35-2-4.5; 31-35-3-4; 31-35-3-8

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment.

Exceptions:  A party must file motion to dismiss TPR petition, and court shall dismiss petition, if preponderance of evidence establishes: 1) child being cared for by a parent, stepparent, grandparent, sibling, aunt, uncle or relative who is child’s guardian; 2) case plan documents compelling reason why TPR is not in best interest of child; 3) early TPR provisions not applicable and a) services not provided and time period for completion of services has not expired, or b) such services not provided and such services are substantial and material.

 

Iowa

Statute: 232.111; 232.116

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment, imminent danger to the child, aggravated circumstances.

Exceptions:  County attorney not required to file if: State 1) at option of agency or by order of court, child is being cared for by relative; 2) agency has documented a compelling reason why TPR is not in best interest of child – compelling reasons include, but are not limited to, reasonable likelihood that completion of services will make it possible for child to safely remain home or return home within 6 months; 3) agency has not provided family services it deems necessary for safe return of child, and the limited extension of time necessary to complete services is clearly documented in case permanency plan.  Requires that court orders contain notice of possible TPR; provides that failure of respondents to request needed services will preclude them from raising the issue in a TPR proceeding.

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Kansas

Statute: 13-1563(h); 38-1583; 38-1585

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, murder of child’s other parent, aggravated circumstances, identity and location of parent(s) unknown.

Exceptions:  Court shall consider whether: 1) child in stable placement with relative; 2) services in case plan not made available to parent; 3) compelling reason documented in case plan against adoption or guardianship.

 

Kentucky

Statute: 600.020(2); 610.127; 625.090

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, aggravated circumstances.

 

Louisiana

Statute: Ch. Code ann. Art. 1015

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, murder of child’s other parent, location of parent(s) unknown, felony rape by natural parent results in conception of a child.

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 Maine

Statute: tit. 22 4002; 4055; 4022(1-B); 4041(A-2)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, custody removed from the parent, voluntary relinquishment, aggravated circumstances, heinous or abhorrent behavior.

Exceptions:  State may elect not to file petition if: 1) state has not provided services that state determines are necessary for safe return of child; 2) child being cared for by relative; 3) state has documented to court a compelling reason why TPR is not in child’s best interest.

Maryland

Statute: 5-313; 5-525.1(b)(1)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, child continuously out of parental custody, identity of parent(s) unknown, convicted of crime of violence against other parent.

Exceptions:  State may elect not to file petition if: 1) child being cared for by relative; 2) agency has documented compelling reason why TPR is not in best interest of child; 3) agency has not provided services consistent with time period in case plan that agency deems necessary for safe return of child.

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Massachusetts

Statute: Ch. 119, 26(4); Ch. 210, 3(c)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, child has formed strong, positive bond with substitute caretaker.

Exceptions:  The department need not file such a motion or petition if: 1) the child is being cared for by relative; 2) The department has documented in the case plan a compelling reason for determining that such a petition would not be in the best interests of the child; or 3) the family of the child has not been provided consistent services with the time period in the case plan, such services as the department deems necessary for safe return of the child to the child’s home if reasonable efforts are required to be made.

 

Michigan

Statute: 712A.19b(1), (3), (6)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, failure to comply with guardianship plan or court-ordered plan, risk of harm if returned home, voluntary relinquishment, identity of parent(s) unknown.

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Minnesota

Statute: 260.012; 260C.301

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, failure to establish paternity, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, egregious harm, voluntary relinquishment.

Exceptions:  State may elect not to file petition if: 1) transfer of permanent legal and physical custody to a relative is in best interest of child; 2) local social service agency documents a compelling reason why TPR is not in best interest of child.

 

Mississippi

Statute: 43-21-603(c); 93-15-103

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, child judged in need of services/dependent, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, deep-seated antipathy by child, voluntary relinquishment, aggravated circumstances.

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Missouri

Statute: 211.183(6)-(7); 211.447(2)-(7)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, substantial risk of harm to the child, conception result of rape.

Exceptions:  Agency or juvenile officer may, but are not required to, file a petition if: 1) child being cared for by relative; 2) there exists a compelling reason why TPR is not in best interest of child, as documented in permanency plan; 3) family has not been provided services.

 

Montana

Statute: 41-3-609; 41-3-423(2)-(3)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, failure to establish paternity, child judged in need of services/dependent, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment, conception result of rape, aggravated circumstances, a history of violent behavior by the parent.

Exceptions:  Exceptions are as follows: 1) child being cared for by relative; 2) the department has not provided the services considered necessary for the safe return of the child to the child’s home, or 3) the department has documented a compelling reason, available for court review, for determining that filing a petition to TPR would not be in the best interests of the child.  Compelling reasons for not filing include but are not limited to: a) there are insufficient grounds for filing a petition; b) there is adequate documentation that TPR is not the appropriate plan and not in the best interests of the child.

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Nebraska

Statute: 43-283.01(4); 43-292; 43-292.02

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, aggravated circumstances, lewd and lascivious behavior.

Exceptions:  State may elect not to file petition if: 1) child being cared for by relative; 2) agency has documented in case plan a compelling reason against TPR; 3) family has not had a reasonable opportunity to avail themselves of services deemed necessary; 4) state shall not file a petition solely on grounds of: a) financial inability to provide health care for child, or b) parent is incarcerated.  Court to hold hearing within 30 days after end of 15-month foster care period to determine whether any exceptions to TPR filing requirement apply.  Agency must submit to court and county attorney names of children in foster care for 15 of most recent 22 months.  Adopts ASFA definition of when child enters foster care.

Nevada

Statute: 128.105; 128.106; 128.107; 128.109; 432B.393(3)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, failure to establish paternity, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, token efforts by parent(s), failure of parental adjustment, risk of harm if returned home.

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New Hampshire

Statute: 170-C:5; 169-C:24-a

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, risk of harm if returned home.

 

New Jersey

Statute: 30:4C-15; 30:4C-15.1(a),(b); 9:2-19; 30:4C-11.2

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, felony conviction/incarceration, failure of reasonable efforts, abuse/neglect or loss of rights of another child, failure to maintain contact, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, identity or location of parents unknown, aggravated circumstances, parent dead, failure to discharge responsibilities.

Exceptions:  The Division of Youth ad Family Services shall not be required to file a petition seeking TPR if: 1) the child is being cared for by a relative and a permanent plan for the child can be achieved without TPR; 2) the division has documented in the case plan, which shall be available for court review, a compelling reason for determining that filing the petition would not be in the best interest of child; or 3) the division is required to provide reasonable efforts to reunify the family but the division has not provided to the family of the child, consistent with time period in case plan, such services as the division deems necessary for the safe return of the child to his home.

 

New Mexico

Statute: 32A-4-28(B)-(E); 32A-4-2(C), (D); 32A-4-29(K)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, child in placement for extended period, aggravated circumstances, child has developed relationship with substitute family, parent has caused death or injury to child’s other parent, preference of child.

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New York

Statute: Soc. Serv. Law 384-b; 358-a(3)(b)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, both parents dead and guardian not appointed, aggravated circumstances.

Exceptions:  State may elect not to file petition if: 1) child being cared for by relative; 2) agency has documented in the most recent case plan, a copy of which has been made available to the court, a compelling reason for determining that the filing of a petition would not be in the best interest of the child – such compelling reasons include, but are not limited to: a) the child was placed into foster care pursuant to Article Three (Juvenile Delinquency) or Article Seven (Persons in Need of Supervision) of the Family Court Act and a review of the specific facts and circumstances of the child’s placement demonstrate that the appropriate permanency goal for the child is either (1) return to his or her parent or guardian or (2) discharge to independent living; b) the child has a permanency goal other than adoption; c) the child is fourteen years of age or older an will not consent to is or her adoption; d) there are insufficient grounds for filing a petition to TPR, and e) the child is the subject of a pending disposition under Article 10 (Child Protective Proceedings) of the Family Court Act, except where such child is already in custody of the commissioner of social services as a result of a proceeding other than the pending Article 10 proceeding, and a review of the specific facts and circumstances of the child’s placement demonstrate that the appropriate permanency goal for the child is discharge to his or her parent or guardian; 3) agency has not provided to the parent services as it deems necessary for safe return of child to the parents, unless such services are not legally required.

 

North Carolina

Statute: 7B-101(2); 7B-1111

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, failure of reasonable efforts, abuse/neglect or loss of rights of another child, failure to provide support, failure to establish paternity, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, child willfully left in foster care, aggravated circumstances.

Exceptions:  State may elect not to file petition if: 1) the permanent plan for the juvenile is guardianship or custody with a relative or some other suitable person; 2) court makes specific findings why TPR not in best interests of child; 3) the department has not provided services deemed necessary for the safe return of the child.

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North Dakota

Statute: 27-20-02(3); 27-20-20.1(2)-(4); 27-20-44(1)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, aggravated circumstances, voluntary relinquishment.

Exceptions:  A petition for TPR need not be filed if: 1) the child is being cared for by a relative approved by the department; 2) the department 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. (compelling reason means a recorded statement that reflects consideration of a) the child’s age; b) the portion of the child’s life spent living in the house hold of a parent of the child; c) the availability of an adoptive home suitable to the child’s needs; d) whither the child has special needs; and e) the expressed withes of a child age ten or older); 3) the department has determined: a) reasonable efforts to preserve and reunify the family are required; b) the case plan provides such services are necessary for the safe return of the child; c) such services have not been provided consistent with the time periods described in the case plan.

 

Ohio

Statute: 2151.414

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, any other factor the court considers relevant.

Exceptions:  State may elect not to file petition if: 1) agency documents in case plan or permanency plan a compelling reason that permanent custody is not in the best interest of the child; 2) agency has not provided the services required by the case plan to the parents of child or the child to ensure the safe return of the child to the child’s home (if services required); 3) agency has been granted permanent custody of the child; 4) child has been returned home pursuant to court order.

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Oklahoma

Statute: tit. 10 7006-1.1

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment, location of parent(s) unknown, conception result of rape.

Exceptions:  State may elect not to file petition if: 1) at option of agency or by order of court, child is properly cared for by relative; 2) agency has documented in case plan a compelling reason why TPR is not in child’s best interest; 3) agency has not provided services necessary for safe return of child.

 

Oregon

Statute: 419B.500; 419B.502; 419B.504; 419B.506; 419B.508

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, single or recurrent incident of extreme conduct toward the child, criminal conduct of parent, identity or location of parent(s) unknown, exposure to methamphetamines.

 

Pennsylvania

Statute: 25 Pa. 2501(a); 2511(a), (b); 42 Pa. 6302

Grounds:  Abuse/neglect, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, failure to establish paternity, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, conception result of rape, voluntary relinquishment, identity or location of parent unknown, presumptive father not the natural father, aggravated circumstances.

Exceptions:  State may elect not to file petition if: 1) child being cared for by a relative; 2) county agency has documented a compelling reason for determining that TPR would not serve the needs of the child; 3) the child’s family has not been provided with necessary services to return home.

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Rhode Island

Statute: 15-7-7(a)-(c); 40-11-12.2(e)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to provide support, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, aggravated circumstances.

Exceptions:  State may elect not to file petition if: (determined by court) 1) there is substantial probability that child shall be returned to the parent within next 3 months; 2) parent has maintained regular visitation and contact, there is a relationship beneficial to child and there is substantial probability that the child shall be returned within 3 months; 3) child is in care of a relative and relative is not willing to adopt child but is willing and capable of providing child with permanent environment; 4) state has documented in the case plan, which shall be presented to the court, a compelling reason for determining that TPR and adoption are not in child’s best interest; 5) state has not provided to family the services deemed necessary for the safe return of child; (determined by agency) 1) child being cared for by a relative; 2) state has documented in case plan  a compelling reason for determining that TPR would not serve the needs of the child; 3) the child’s family has not been provided with necessary services for safe return of child.

 

South Carolina

Statute: 20-7-1572; 20-7-763(c)(F)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, presumptive father not the biological father, aggravated circumstances, conviction for domestic violence.

Exceptions:  State may elect not to file petition if: 1) when court finds that initiation of TPR is not in best interest of child after applying statutory criteria for selection of a permanent plan for child and that this finding and the permanent plan constitute a compelling reason for not filing for TPR; 2) when court finds that agency has not afforded services to parents required by the service plan or that court hearings have been delayed so as to interfere with services, but only if: a) parent did not delay hearings without cause or delay or refuse services; b) successful completion of services may allow child to return home within the extension period, and c) court has not made a “no reasonable efforts” determination.

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South Dakota

Statute: 26-8A-21.1; 26-8A-26; 26-8A-26.1; 26-8A-27

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, inability to protect the child from harm or substantial risk of harm.

 

Tennessee

Statute: 36-1-113(g)-(h); 37-1-166(g)(4)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, felony conviction/incarceration, failure of reasonable efforts, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, failure to establish paternity, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, risk of substantial harm, aggravated circumstances.

Exceptions:  State may elect not to file petition if: 1) child is being cared for by relative; 2) agency has documented compelling reason that filing would not be in best interests of child; 3) agency has not made reasonable efforts to provide family services deemed necessary for safe return of child.

 

Texas

Statute: 161.001; 161.003(a)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, refusal to submit to court order, failure to provide education, voluntary relinquishment, drug or alcohol addicted newborn.

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Utah

Statute: 78-3a-311(2)-(4); 78-3a-402(2); 78-3a-403(2); 78-3a-407; 78-3a-408

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment, a history of violent behavior, location of parent(s) unknown.

Exceptions:  State may elect not to file petition if: 1) child is being cared for by a relative; 2) agency has: a) documented in the child’s treatment plan a compelling reason for determining that filing a petition for TPR is not in the child’s best interest, and b) made that treatment plan available to the court for its review; 3) agency has not provided, within the time period specified in the treatment plan, services that had been determined to be necessary for the safe return of the child.

 

Vermont

Statute: tit. 15A 3-504(a), (b), (d)

Grounds:  Felony conviction/incarceration, failure to maintain contact, failure to provide support, failure to establish paternity, child’s best interest, relationship with another that affects the parent-child relationship, risk of substantial harm, identity or location of parent unknown, failure to assume parental responsibilities.

Virginia

Statute: 16.2-283(A), (B)-(E), (G)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment, identity or location of parent unknown, aggravated circumstances.

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Washington

Statute: 13.34.180; 13.34.190; 13.34.132

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child judged in need of services/dependent, child’s best interest, felony assault of child or sibling, murder/manslaughter of sibling child, identity or location of parent unknown, parent is a sexually violent predator, aggravated circumstances.

 

West Virginia

Statute: 49-6-5(a)(1), (b)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, refusal to cooperate in a reasonable family case plan.

Exceptions:  State may elect not to file petition if: 1) child being placed with relative; 2) state has documented in case plan a compelling reason, including child’s age and preference regarding TPR or the child’s placement based on juvenile proceedings, that filing would not be in child’s best interest; 3) state has not provided services to family that state deems necessary for safe return of child.

 

Wisconsin

Statute: 48.415; 48.355(2d)

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, homicide of child’s other parent, aggravated circumstances, denials of physical placement, failure to assume parental responsibility, incestuous parenthood, conception result of sexual assault.

Exceptions:  State may elect not to file petition if: 1) child being cared for by relative; 2) permanency plan indicated that TPR not in best interest of child; 3) agency has not provided services necessary for return of child.

 

Wyoming

Statute: 14-2-309

Grounds:  Abandonment or extreme parental disinterest, abuse/neglect, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, identity or location of parent unknown, aggravated circumstances.

 

Date Last Modified:  July 26, 2006

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Creation Date: 2005

Copyright 2006.   National Center for State Courts.  All Rights Reserved

Come To My Garden is the background for The Illinois_Family_Rights_Association. The music is written by Lucy Simon and Marsha Mason for the 1999 Broadway Music "The Secret Garden."
I hope you enjoy it.
 
~Karissa~

CHILD PROTECTION SERVICES IS NOT ABOUT PROTECTING CHILDREN IT IS ABOUT TAX INCENTIVE PAYMENTS TO THE STATE BY ADMINISTRATION OF CHILDREN AND FAMILIES.