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.

 

  1. Those reasons include: 
    1. 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;
    2. The child is in a stable placement with relatives/non-related kin;
    3. 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. 
  2. 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. 
  3. 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.