Printed Page 1770, Mar. 27
| Printed Page 1790, Mar. 27
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Printed Page 1770, Mar. 27
| Printed Page 1790, Mar. 27
| SECTION 12. The 1976 Code is amended by adding:
"Section 20-7-765. (A) When the conditions justifying removal pursuant to Section 20-7-736 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the treatment plan ordered pursuant to Section 20-7-764:
(1) The parent successfully must complete a treatment program operated by the Department of Alcohol and Other Drug Abuse Services or another treatment program approved by the department before return of the child to the home;
(2) Any other adult person living in the home who has been determined by the court to be addicted to or abusing controlled substances or alcohol and whose conduct has contributed to the parent's addiction or abuse of controlled substances or alcohol successfully must complete a treatment program approved by the department before return of the child to the home; and
(3) The parent or other adult, or both, identified in item (2) must submit to random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court before return of the child. The parent or other adult identified in item (2) must continue random testing for substance abuse and must be alcohol or drug free for
(B) Results of tests ordered pursuant to this section must be submitted to department and are admissible only in family court proceedings brought by the department."
SECTION 13. Section 20-7-766 of the 1976 Code is amended to read:
"Section 20-7-766. The status of a child removed from his home pursuant to Section 20-7-736 must be reviewed by the Family Court upon a petition brought by the protective services agency within twelve months following the child's initial removal and every twelve months thereafter. The petition must be filed with the court and served upon all parties at least seven days prior to the review hearing.
The court may also schedule a review hearing upon its own motion or upon the motion of any party in interest, at any time prior to the twelve months. A party in interest includes but is not limited to the child, the child's legal counsel and guardian ad litem, the natural parent, the individual or agency with legal custody of the child, the foster parent, or the local advisory board for review of foster care.
When the review is initiated by the protective services agency, the agency shall attach a supplemental report to the petition which contains at least the following information:
(1) A listing of the services that have been offered to the parents and the child and an assessment of the progress that has been made in the treatment plan;
(2) A determination as to whether the child's current placement is appropriate;
(3) A listing of what obstacles remain which prevent the return of the child home and what services are recommended to remove those obstacles;
(4) The recommended disposition and a suggested timetable for attaining permanency;
(5) Any reports of the local advisory board for review of foster care which pertain to the child.
The supplemental report, reports from the agency to the local advisory board for review of foster care, and reports compiled for internal agency reviews may be made on the same form. The agency may request a review based upon the pleadings by submitting to the court affidavits from the natural parents, the child's legal counsel and guardian ad litem, the individual or agency with legal custody of the child if different from the petitioning agency, the foster parents, and the local advisory board for review of foster care showing that all are in agreement as to the recommended disposition. Upon conducting a review, the court may issue
The court may order the return of the child to his home unless it finds by a preponderance of the evidence that the return would threaten the child with harm as defined in Section 20-7-490(D). If the child is returned home, the court may order agency supervision for a period not to exceed twelve months, at which time there must be a court hearing on the need for continued intervention pursuant to Section 20-7-762. If agency supervision is not ordered, the court's jurisdiction shall end.
Where the child is not returned home, the court shall establish on the record:
(1) What services have been provided to or offered to the parents to facilitate reunion;
(2) Whether the parents are satisfied with the services offered;
(3) The extent to which the parents have visited or supported the child, and any reasons why visitation or support has not occurred or has been infrequent;
(4) Whether the agency is satisfied with the cooperation given it by the parents;
(5) Whether additional services are needed to enable the child to return to the parents, and if so, the court may order the agency to provide additional services;
(6) Whether return of the child can be expected, and if so, when;
(7) Whether the child is to remain in foster care for a specified time;
(8) Whether proceedings should be initiated for permanent guardianship, termination of parental rights, or adoption; or
(9) Whether the child should remain in foster care on a long-term basis, and if so, the special circumstances that justify long-term placement.
The court's jurisdiction shall end when an order of adoption or guardianship has been granted.
(A) The family court must review the status of a child placed in foster care upon pleadings filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section.
(B) The department shall attach a supplemental report to the pleadings which contain at least:
(2) the recommended permanent plan and suggested time table for attaining permanence; and
(3) any reports of the local foster care review board which pertain to the child. The department may use the same form for the supplemental report, reports from the department to the local foster care review board, and reports compiled for internal department reviews.
(C) If the court determines at the permanency planning hearing that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health or safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the return of the child would cause an unreasonable risk of harm, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.
(D) If the court determines at the permanency planning hearing that the child should not be returned to the child's parent, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order, unless the department demonstrates to the court that initiating termination of parental rights is clearly not in the child's best interest because one or more of the conditions specified under subsection (E) exists requiring a different disposition.
(E) If the department demonstrates under subsection (D) that termination of parental rights is clearly not in the child's best interest, and if the court determines that the:
(1) best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative. The court may order a specified period of supervision and services not to exceed twelve months;
(2) child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under ten years of age, the special needs or circumstances must be shown by clear and convincing evidence;
(3) best interests of the child would be served and that the child may be returned to the parents within a specified, reasonable time not to exceed
(4) child has attained the age of sixteen and is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or
(5) child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care.
(F) If the child is not returned to the parent, in addition to the findings required under subsection (D) or (E), the court shall specify in its order:
(i)what services have been provided to or offered to the parents to facilitate reunification;
(ii)the compliance or lack of compliance by all parties to the plan approved pursuant to Section 20-7-764;
(iii)the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;
(iv)whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services and specifying the expected date for completion, which must be less than six months from the date of the order.
(v)whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care;
(vi)whether the child's foster care is to continue for a specified time and, if so, how long;
(vii)if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living;
(viii) whether the child's current placement is appropriate; and
(ix)whether the department has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care.
(G) After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.
If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (F).
After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (E)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (E)(5) and the child is
(H) All proceedings provided for in this section must be initiated by filing of a summons and complaint with a supplemental report attached. The summons, complaint, supplemental report, and notice of the hearing must be served upon all named parties at least forty days before the hearing.
(I) A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested."
SECTION 14. Subarticle 3, Article 11, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 476 of 1992, is further amended to read:
Section 20-7-1560. The purpose of this subarticle is to establish procedures for the reasonable and compassionate termination of parental rights where children are abused, neglected, or abandoned in order to protect the health and welfare of such these children and make them eligible for adoption by persons who will provide a suitable home environment and the love and care necessary for a happy, healthful, and productive life.
Section 20-7-1562. The family court has exclusive jurisdiction over all proceedings held pursuant to this subarticle. For purposes of this subarticle jurisdiction may continue until the child becomes eighteen years of age, unless emancipated earlier.
Section 20-7-1564. A petition seeking termination of parental rights may be filed by the child protective services agency Department of Social Services or any interested party.
Section 20-7-1566. A petition for the termination of parental rights must set forth the:
(1) the basis of the court's jurisdiction;
(2) the name, sex, date, and place of birth of the child, if known;
(4) the names, dates of birth, and addresses of the parents, if known;
(5) the names and addresses of any a:
(i) legal guardian of the child; or
(ii) person or agency having legal custody of the child; and
(6) the grounds on which termination of parental rights are sought and the underlying factual circumstances.
Section 20-7-1568. A summons and petition for termination of parental rights must be filed with the court and served on the parties below:
(1) the child;
(2) the parents of the child; and
(3) any an agency with placement or custody of the child.
Section 20-7-1570. (A) If the parent is not represented by counsel, the judge shall make a determination on a case by case basis whether counsel is required. If the parent is indigent and counsel is not appointed, the judge shall enter on the record the reasons counsel was not required.
(B) Any A child subject to any judicial proceeding under this subarticle must be appointed a guardian ad litem by the family court. If the guardian ad litem finds that appointment of counsel is necessary to protect the rights and interests of the child, an attorney must be appointed The judge shall determine on a case by case basis whether counsel is required for the guardian ad litem.
Section 20-7-1572. The family court may order the termination of parental rights upon a finding of one or more of the following grounds and a finding that termination is in the best interest of the child:
(1) The child or another child in the home has been harmed as defined in Section 20-7-490(C), and because of the severity or repetition of the abuse or neglect, it is not reasonably likely that the home can be made safe within twelve months. In determining the likelihood that the home can be made safe, the parent's previous abuse or neglect of the child or another child in the home may be considered; or
(2) The child has been removed from the parent pursuant to Section 20-7-736, has been out of the home for a period of six months, and despite a reasonable and meaningful effort by the agency to offer appropriate rehabilitative services, the parent has not remedied the conditions which caused the removal; or
(3) The child has lived outside the home of either parent for a period of six months, and during that time the parent has wilfully failed to visit the child. The court may attach little or no weight to incidental visitations, but it must be shown that the parent was not prevented from visiting by
(4) The child has lived outside the home of either parent for a period of six months, and during that time the parent has wilfully failed to support the child. Failure to support means that the parent has failed to make a material contribution to the child's care. A material contribution consists of either financial contributions according to the parent's means or contributions of food, clothing, shelter, or other necessities for the care of the child according to the parent's means. The court may consider all relevant circumstances in determining whether or not the parent has wilfully failed to support the child, including requests for support by the custodian and the ability of the parent to provide support; or
(5) The presumptive legal father is not the biological father of the child, and the welfare of the child can best be served by termination of the parental rights of the presumptive legal father; or
(6) The parent has a diagnosable condition unlikely to change within a reasonable time such as including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unlikely to provide minimally acceptable care of the child. It is presumed that the parent's condition is unlikely to change within a reasonable time upon proof that the parent has been required by the department or the family court to participate in a treatment program for alcohol or drug addiction, and the parent has failed two or more times to complete the program successfully or has refused at two or more separate meetings with the department to participate in a treatment program.
Section 20-7-1574. (A) If the court finds that a ground for termination, as described provided for in Section 20-7-1572, exists, it the court may issue an order forever terminating parental rights to the child. Where the petitioner is an authorized agency, the court shall place the child in the custody of the petitioner or other child-placing agency for adoption and shall require the submission of a plan for permanent placement of the child within ninety days after the close of the proceedings to the court and to the child's guardian ad litem. Within an additional ninety days thereafter the agency shall submit a report to the court and to the guardian ad litem on the implementation of the plan. The court, on its own motion, may schedule a hearing to review the progress of the implementation of the plan.
(B) If the court finds that no ground for termination exists and the child is in the custody of the Department of Social Services, the order
(C) If the court determines that an additional permanency hearing is not needed, the court may order:
(1) the child returned to the child's parent if the parent has counterclaimed for custody and the court determines that the return of the child to the parent would not cause an unreasonable risk of harm to the child's life, physical health or safety, or mental well-being. The court may order a specified period of supervision and services not to exceed twelve months.
(2) a disposition provided for in Section 20-7-766(E) if the court determines that the child should not be returned to a parent.
(D) If the court determines that an additional permanency hearing is required, the court's order shall schedule a permanency hearing to be held within fifteen days of the date the order is filed. The court's order must be sufficient to continue jurisdiction over the parties without any need for filing or service of pleadings by the department.
The permanency hearing must be held before the termination of parental rights trial judge if reasonably possible.
At the hearing, the department shall present a proposed disposition and permanent plan in accordance with Section 20-7-766. No supplemental report may be required. The hearing and any order issuing from the hearing shall conform to Section 20-7-766.
If the court approves retention of the child in foster care pursuant to Section 20-7-766(E)(iii), any new plan for services and placement of the child must conform to the requirements of Section 20-7-764. Section 20-7-764 requires the plan to address conditions that necessitated removal of the child, but the plan approved pursuant to this subsection shall address conditions that necessitate retention of the child in foster care.
Section 20-7-1576. (A) An order terminating the relationship between parent and child under this subarticle divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent. A right of inheritance is terminated only by a final order of adoption.
(B) The relationship between a parent and child may be terminated with respect to one parent without affecting the relationship between the child and the other parent.
Section 20-7-1578. This subarticle must be liberally construed in order to ensure prompt judicial procedures for freeing minor children from the custody and control of their parents by terminating the parent-child
Printed Page 1770, Mar. 27
| Printed Page 1790, Mar. 27
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