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