3442 Compelling Reasons Not to Pursue Termination of Parental Rights
The Adoption and Safe Families Act (AFSA) defines certain circumstances
under which the court may find that termination of parental rights is
not a viable alternative for the child.
- Those reasons include:
- A reason(s) (as documented in the case file) exists to support
the decision that neither the permanency goals of adoption or
permanent custodianship are in the best interests of the child;
- The child is in a stable placement with relatives/non-related
kin;
- Adequate services to the parents were not provided by the agency
to address the concern(s), which resulted in the child entering
out of home placement.
- DCF and the Child Welfare Case Management Provider (CWCMP) shall
make diligent efforts towards the child achieving permanency while
in a relative/non-related kin placement. Therefore, DCF shall pursue
either adoption or permanent custodianship as the permanency goal
for a child in a stable relative/non-related kin placement when reunification
is not a viable permanency goal.
- If both DCF and the CWCMP agree the family is making adequate progress
towards reintegration of the child and reintegration will take place
within the next 180 days, a recommendation may be made to the court
to delay termination of parental rights efforts for up to 180 days.
The parent's progress toward reintegration shall be carefully monitored
and documented and a date set as to when the child shall be reintegrated.