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CODES/REFERENCES
O.C.G.A. §15-11-2, §15-11-233, §15-11-262, §15-11-265, §15-11-280, §15-11-301
§15-11-310, §15-11-320, §15-11-323, §15-11-622
Title IV-E of the Social Security Act Sections 475 (5)(E) and (F)
The Adoption and Safe Families Act, PL 105-89
The Child Abuse Prevention and Treatment Act (CAPTA) Reauthorization Act of 2010,
PL11- 320
45 CFR Parts 1356.21 (i)(1), (i)(1)(i-iii); (i) (2) and (3)
42 U.S.C. 670
REQUIREMENTS
The Division of Family and Children Services (DFCS) shall file petitions for the termination of
parental rights (TPR) for children in foster care when it is in the best interest of the child and in
accordance with all applicable State and Federal laws.
The DFCS County Director/Designee shall approve and confirm in writing the decision to file
TPR based on the circumstances of the case, documentation of evidence and the goal of
adoption being a viable permanent plan.
TPR Petitions
Once a petition to TPR has been filed, the parent has no authority to surrender rights to the child
unless the parent:
1. Consents to a judgment terminating his/her parental rights; and
2. Executes an act of surrender in favor of:
a. A third party, if all of the parties to the petition to terminate parental rights agree;
or
b. The Department.
DFCS will file a petition (or if such a petition has been filed by another party, seek to be joined as
a party to the petition), when appropriate, to terminate parental rights of a parent(s):
1. Whose child has been in foster care under the responsibility of DFCS for 15 of the most
recent 22 months. The petition must be filed by the end of the child’s 15th
month in foster
care. In calculating when to file a petition for termination of parental rights, DFCS
a. Will calculate the 15 out of the most recent 22 month period from the date the child
entered foster care;
b. Will use a cumulative method of calculation when a child experiences multiple
exits from and entries into foster care during the 22 month period;
GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES
CHILD WELFARE POLICY MANUAL
Chapter: (3) Legal
Effective
Date:
December 2014Policy
Title:
Termination of Parental Rights
(TPR)
Policy
Number:
3.11
Previous
Policy #:
2102.20,
1002.13- 1002.17
1013.9-1013.18

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c. Will not include trial home visits or runaway episodes in calculating 15 months in
foster care; and
d. Only applies the “15 out of 22 months” rule to a child once if DFCS does not file a
petition because one of the exceptions applies.
2. When the court has determined the parent has subjected the child to aggravated
circumstances (See policy 9.5 Eligibility: Reasonable Efforts);
3. Whose child has been determined by a court of competent jurisdiction to be an
abandoned infant (as defined under State/Tribal law). The petition to terminate parental
rights is made within 60 days of the judicial determination that the child is an abandoned
infant; or
4. Who has been convicted of one of the following felonies (NOTE: Under such
circumstances, the petition to terminate parental rights is to be made within 60 days of a
judicial determination that reasonable efforts to reunify the child and parent are not
required):
a. Murder (which would have been an offense under section 1111(a) of Title 18.
United States Code, if the offense had occurred in the special maritime or territorial
jurisdiction of the United States) or murder in the second degree of another child of
the parent;
b. Voluntary manslaughter (which would have been an offense under section 1112(a)
of Title 18, United States Code, if the offense had occurred in the special maritime
or territorial jurisdiction of the United States) of another child of the parent;
c. Voluntary manslaughter of the other parent of the child;
d. Aiding or abetting, attempting, conspiring or soliciting to commit murder or
voluntary manslaughter of another child of the parent;
e. Aiding or abetting, attempting, conspiring or soliciting to commit murder or
voluntary manslaughter of the other parent of the child; or
f. A felony assault that results in serious bodily injury to the child or another child of
the parent.
5. When the parent or legal guardian has committed sexual abuse against the surviving
child or another child of the parent; or
6. When the parent or legal guardian is required to register with a sex offender registry
under section 113 (a) of the Adam Walsh Child Protection and Safety Act of 2006.
DFCS may elect not to file or join a petition to terminate the parental rights of a parent if:
1. At the option of DFCS, the child is being cared for by a relative;
2. DFCS has documented in the case plan (which must be available for court review) a
compelling reason for determining that filing such a petition would not be in the best
interest of the individual child; or
3. DFCS has not provided to the family, consistent with the time period in the case plan,
services that DFCS deems necessary for the safe return of the child to the home, when
reasonable efforts to reunify the child are required.
When DFCS files or joins a petition to terminate parental rights, it concurrently begins to
identify, recruit, process and approve a qualified adoptive family for the child. (See policy 11.1
Adoption: Adoption Preparation)

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Grounds for TPR
When filing a petition for TPR, DFCS shall utilize any of the following grounds outlined in State
law including:
1. A parent’s written consent acknowledged by the court (unless a voluntary surrender for
adoption has been executed);
2. The parent has subjected his/her child to aggravated circumstances;
3. The parent has wantonly and willfully failed to comply with court-ordered support for a
period of twelve (12) months or longer;
4. The parent has abandoned the child;
5. A child is a dependent child due to lack of proper parental care or control, reasonable
efforts to remedy the circumstances have been unsuccessful or were not required, such
dependency is likely to continue or will likely not be remedied and the continued
dependency will cause or is likely to cause serious physical, mental, emotional or moral
harm to the child.
In determining whether the child is without proper parental care and control, the court shall
consider, without being limited to, the following:
a. A medically verifiable deficiency of the parent’s physical, mental or emotional
health of such duration or nature as to render the parent unable to provide
adequately for the child;
b. Excessive use of or history of chronic, un-rehabilitated substance abuse with the
effect of rendering the parent incapable of providing adequately for the physical,
mental, emotional or moral conditions and needs of the child;
c. Conviction of the parent of a felony and imprisonment, which has a demonstrable
negative effect on the quality of the parent-child relationship;
d. Egregious conduct or evidence of past egregious conduct of the parent toward the
child or another child of a physically, emotionally or sexually cruel or abusive
nature;
e. Physical, mental or emotional neglect of the child or evidence of past physical,
mental or emotional neglect of the child or of another child by the parent; and
f. Serious bodily injury or death of a sibling under circumstances which constitute
substantial evidence that such injury or death resulted from parental neglect or
abuse.
NOTE: A parent’s reliance on prayer or other religious non-medical means for healing instead
of medical care in the exercise of religious beliefs shall not be the sole basis for determining a
parent to be unwilling or unable to provide safety and care adequate to meet his/her child’s
physical, emotional and mental health needs.
In addition to the above considerations that a child is without proper parental care or control,
the court shall consider, without being limited to, whether the parent, without justifiable cause,
has failed significantly for a period of six (6) months or longer prior to the filing of the petition for
TPR to:
a. Develop and maintain a parental bond with the child in a meaningful, supportive
manner;
b. Provide for the care and support of the child as required by law or judicial decree;
and
c. Comply with a court-ordered case plan designed to reunite the child with the
parent(s).

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Best Interests Determination for TPR
If any of the statutory grounds for TPR has been met, the court shall then consider whether TPR
is in the child’s best interest after considering the following:
1. The child’s sense of attachments including his/her sense of security and familiarity and
the continuity of affection for the child;
2. The child’s wishes and long-term goals;
3. The child’s need for permanence including his/her need for stability and continuity of
relationships with a parent, siblings and other relatives; and
4. Any other factors considered to be relevant and proper to its determination. (See Best
Interest Determination in policy 3.1 Legal: The Juvenile Court Process)
NOTE: If the court determines that a parent has subjected a child to aggravated
circumstances because such parent has committed the murder of the other parent, the
court shall presume that TPR is in the best interests of the child.
TPR Hearings
A TPR proceeding shall be commenced in the county:
1. That has jurisdiction over related dependency proceedings;
2. In which the child legally resides;
3. In which a child is present when the termination proceeding is commenced if the child is
present without his/her parent, guardian or legal custodian; or
4. Where the acts underlying the petition to terminate parental rights are alleged to have
occurred.
NOTE: For the convenience of the parties, the court may transfer proceedings to the county in
which the parent of a child adjudicated as a dependent child legally resides. If a proceeding is
transferred, certified copies of all legal and social documents and records pertaining to the
proceeding on file with the clerk of court shall accompany the transfer.
TPR shall be ordered when the court finds:
1. Any ground for TPR is proven by clear and convincing evidence; and
2. TPR is in a child’s best interest.
The court shall appoint an attorney to represent the child in a TPR proceeding and may also
appoint this person as the Guardian ad Litem (GAL) or shall appoint a separate GAL.
TPR hearings shall be conducted within ninety (90) days of the date the TPR petition is filed
unless just cause for a delay is shown. If no just cause for delay has been shown by written
finding of fact by the court, an order of disposition shall be issued by the juvenile court no later
than thirty (30) days after the conclusion of the hearing on the TPR petition.
Placement Following TPR
Following an order terminating the parental rights of a parent (and there is no parent having
rights), a placement may be made only if the court finds that the placement is in the best
interests of the child and in accordance with the child’s court approved permanency plan.
In determining which placement is in the child’s best interest after TPR, the court shall enter
findings of fact considering the following:
1. The child’s need for a placement that offers the greatest degree of legal permanence

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and security;
2. The least disruptive placement for the child;
3. The child’s sense of attachment and need for continuity of relationships;
4. The value of biological and familial connections; and
5. Any other factors the court deems relevant to its determination.
Reinstatement of Parental Rights
A child who has not been adopted after three years from the date the court granted TPR or the
parents voluntarily surrendered and for whom the court has determined the permanency plan is
no longer adoption, may petition the court to reinstate parental rights. The petition may be filed
prior to the three year timeframe if the child and DFCS or licensed child-placing agency (with
custody of the child) stipulates that the child is no longer likely to be adopted. A child fourteen
(14) years of age or older shall sign the petition unless there is good cause why they should not.
Appeals of TPR
The parent(s) have thirty (30) days from the day the termination order is filed in which to appeal.
NOTE: The person appealing a TPR decision must seek a discretionary appeal as there is no
longer an appeal right in TPR cases. If an application for a discretionary appeal is not filed within
30 days after the termination order (order is signed by the judge and filed with the clerk of court)
or a notice of appeal is not filed within ten (10) days after the appellate court enters an order
permitting the appeal, the decision to terminate parental rights stands. If the application for
appeal is granted and the Notice of Appeal is timely filed, the Juvenile Court order stands until
the appeal is resolved. The County Department continues with the legal right to the care and
control of the child.
PROCEDURES
The Social Services Case Manager (SSCM) will:
1. Throughout the life of the case, accurately and thoroughly document the case record as
outlined in policy 2.1 Information Management and Documentation: Case Record
Maintenance section, including:
a. All contacts (telephone, email, written correspondence and face-to-face contacts)
with the parent(s), child, placement resource, relatives, service providers and other
collaterals;
b. Parent-child visitation;
i. When visits were scheduled;
ii. Whether or not the visits occurred, where they occurred and the duration of
the visits;
iii. Why visits did not occur;
iv. The quality and quantity of interaction between the parent and child during
visitation;
v. The degree of understanding and acceptance shown by the parent toward
the child and the child’s reaction to the parent; and
vi. The placement provider’s description of the child’s behavior after parent-
child visits.
c. Referrals for services;
i. Dates and reasons for the referral;
ii. Participation by the parent(s) in services;

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iii. Missed appointments and the reasons for missed appointments;
iv. Follow-up contact with the service providers;
v. Recommendations of the service providers;
vi. Progress made by the parent(s) including behavioral changes observed.
d. All efforts made by the SSCM and other DFCS staff to fulfill the case plan
requirements and/or reach out to the parent having difficulties following the case
plan, including any diligent efforts to locate an absent parent. (See policy 5.13
Investigations: Diligent Search)
2. Review any alerts in the GA Statewide Automated Child Welfare System (SHINES)
regarding the time frames since the child entered care to ensure TPR is filed timely or a
compelling reason for not filing is documented;
3. In collaboration with the Social Services Supervisor (SSS), determine if TPR is in the best
interest of the child and ensure the filing of the petition meets required timeframes;
Consider the “15 out of 22” as the maximum length of time in months that a child can be
in foster care before mandated termination action takes place (or the relevant exception is
documented in the case plan);
4. Ensure the Putative Father Registry has been checked to determine if the father is listed.
If a potential father is listed, he has a right to be notified of the termination action;
5. Conduct a Family Team Meeting (FTM) to:
a. Notify the family of the decision to file a TPR petition;
b. Plan for permanency for the child; and
c. Inform the child and family about circumstances when parental rights may be
reinstated and the procedures for reinstatement if termination of parental rights is
granted. (See policy 5.12 Investigations: Family Team Meeting for CPS and
Permanency)
6. If the decision is not to file for TPR, document the compelling reason for not filing the
petition in the narrative of the Contact Detail and the Family Plan in SHINES;
a. If the compelling reason is the child is placed with a relative, document the
following:
i. Where the child is placed;
ii. Length of time in the home;
iii. Adjustment of the child to the placement;
iv. Stability of the placement;
v. Fitness and capability of the relative;
vi. Safety and quality of care the child receives;
vii. Commitment of the relative to the child (present and future);
viii. Potential for legalizing the permanency of the placement through adoption,
guardianship, etc.
NOTE: Having a child placed with a relative should not preclude
consideration of legalizing the placement through adoption, guardianship or
custody to the relative if in the best interest of the child.
b. If the agency has failed to provide services to facilitate reunification,
i. In collaboration with the SSS, identify the action steps to remedy the
situation and document the following:
1. The specific reunification services not provided, but considered
necessary for the child’s safe return;
2. The reason such services are delayed or have not been provided
within the required time frames outlined in the case plan;

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3. The likelihood that the successful achievement of such services will
bring about safe reunification within a specified period of time and
specify that time frame.
ii. Notify the County Director and Regional Director in writing.
7. Within thirty (30) days of receiving written approval from the County Director/Designee to
file for TPR, thoroughly complete and submit the Termination Packet to the Special
Assistant Attorney General (SAAG). Information provided should be accurate and
sufficient in detail for the SAAG to determine if:
a. The evidence will satisfy the grounds for TPR; and
b. All requisite steps have been fulfilled to prepare an appropriate petition.
NOTE: If there are delays with the SAAG preparing the petition, the County
Department may need to meet with the SAAG. If there are repeated delays, notify the
Department of Human Services (DHS) Office of General Counsel.
8. When requested, staff the case with the SAAG prior to the hearing to review:
a. The evidence;
b. Chronology of case events;
c. Major points to be brought out in testimony;
d. The witness list, etc.
9. During direct examination at the TPR hearing:
a. Be professional;
b. Speak clearly and distinctly;
c. Give spoken answers to questions, so the answer can be recorded;
d. Use ordinary language and explain any technical terms used;
e. Answer only what is asked, but introduce the major points essential to the case;
f. If an answer is not known, do not guess;
g. Maintain eye contact;
h. Be exact, using dates, time of day and numbers.
10.During cross-examination at the TPR hearing:
a. Answer the question in the shortest way possible;
b. Give a complete answer; If the question calls for a yes or no answer that could be
misleading, state the question cannot be answered without an explanation;
c. Ask the attorney to rephrase a question that is not understood;
d. Stay calm and be patient when the cross examination is fast paced; If the answer
to one question is interrupted by another question, complete the answer to the
original question;
e. Never argue with an attorney or a judge. Pause slightly before answering to allow
the SAAG to enter protective objections; and
f. Never speculate although the question may call for speculation; say the answer is
unknown.
11.If TPR is granted and the parent(s) do not file an appeal within the required time frame,
proceed with finalizing the plan of Adoption.
NOTE: Contact the Adoption Exchange, State Permanency Unit within twenty-four (24)
hours of a TPR of a child that fits the description of a wait list child for identification of a
wait list family. (See policy 11.7 Adoption: Wait List)
12.Update the Legal Action and Outcome Page in SHINES;
NOTE: The State Office Permanency Unit is notified in SHINES by a system generated
alert once the Legal Action and Outcome page is updated.
13.If TPR is granted and the parent(s) file an appeal,

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a. Offer brief supportive services to the parent;
b. Provide a list of community agencies that may be able to support the family during
the appeal process;
c. Continue parent-child visitation when in the best interest of the child unless the
court order states otherwise;
d. Assist the parent in participating in adoption planning by engaging the family to:
i. Obtain family background information;
ii. Update the Life Book through information or pictures ;
iii. Select a family memento for the child to take into the adoptive placement;
and
iv. Have closure with the child and/or plan for additional contact in
collaboration with the adoptive parents and the child’s therapist.
Reinstatement of Parental Rights
If a child wishes to have his/her parental rights reinstated, the SSCM shall:
1. Explore with the child, GAL, caregiver and the child’s support team the following
information:
a. The child’s reason for wanting reinstatement;
b. Other permanency options available to the child;
c. Any contact the child had with the parent(s) since TPR;
d. The impact on the child’s safety, permanency and well-being if parental rights are
reinstated or if the parent chooses not to reinstate his/her rights;
e. The current protective capacities of the parent(s) and the current child
vulnerabilities;
f. The child’s expectations of what will occur if parental rights are reinstated.
2. Advise the child his/her GAL will assist the child in filing a petition to reinstate parental
rights;
3. Complete a Relative/Non-Relative Care Assessment on the parent(s) (See 10.5 Foster
Care: Relative/Non-Relative Care Assessment);
4. Staff the case with the SSS and SAAG to determine the recommendations DFCS will
make regarding reinstatement;
5. Attend and participate in any court hearings regarding reinstatement;
6. If reinstatement is granted, provide transition services to the child and family, when
ordered by the court.
PRACTICE GUIDANCE
Termination of parental rights is the most serious legal action DFCS can initiate upon the
parent/child relationship. A TPR order is without limit as to duration. Once issued and not
overturned by appeal, the order is permanent.
If the court commits the child to the custody of DHS, the County Department has all rights and
responsibilities of the legal custodian, including the authority to:
1. Consent to marriage;
2. Consent to enlist in the Armed Services;
3. Consent to any surgical procedure or other medical treatment for the child; and
4. Consent to adoption.
When parental rights are terminated, there is the expectation that the child will achieve

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permanency through adoption. To make sure that agency efforts are directed toward achieving
this outcome, both Federal and State law require certain status reports, hearings and case plan
documentation as a way to provide judicial oversight of agency efforts to place the child in an
adoptive home. (See 3.2 Legal: Case Review/Permanency Plan Hearings and 3.1 Legal: The
Juvenile Court Process)
Abandonment
Abandonment or abandoned means any conduct on the part of a parent, guardian or legal
custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo
parental duties or relinquish parental claims may be evidenced by:
1. Failure, for a period of at least six (6) months, to communicate meaningfully with a child;
2. Failure, for a period of at least six (6) months, to maintain regular visitation with a child;
3. Leaving a child with another person without provision for his/her support for a period of at
least six (6) months;
4. Failure, for a period of at least six (6)months, to participate in any court ordered plan or
program designed to reunite a child’s parent, guardian or legal custodian with his/her
child;
5. Leaving a child without affording any means of identifying such child or his or her parent,
guardian or legal custodian and:
a. The identity of such child’s parent, guardian or legal custodian cannot be
ascertained despite diligent searching; and
b. A parent, guardian or legal custodian has not come forward to claim such child
within three (3) months following the finding of the child.
6. Being absent from the home of his/her child for a period of time that creates a substantial
risk of serious harm to a child left in the home;
7. Failure to respond, for a period of at least six (6) months, to notice of child protective
proceedings; or
8. Any other conduct indicating intent to forgo parental duties or relinquish parental claims.
Written Confirmation by the County Director/Designee
Confirmation in writing may include the County Director’s/Designee’s signature on a staffing form
where the decision to file TPR is made; signature on the Legal Services Request to file TPR,
documentation by the County Director/Designee in the narrative of Contact Detail in the GA
Statewide Automated Child Welfare System (SHINES), etc.
Petitions for TPR
A petition to terminate parental rights shall:
1. State clearly that an order for TPR is requested;
2. State the statutory grounds on which the petition is based;
3. Set forth:
a. The facts that bring the child within the jurisdiction including a statement that it is in
the best interests of the child and public that the proceedings be brought;
b. The name, age, date of birth and residence address of the child;
c. The name and residence address of the parent, guardian or legal custodian or if
the parent, guardian or legal custodian does not reside or cannot be found in the
state, the name of any adult relative residing in the county or if none, the adult
relative living closest to the court;
d. Whether the child is in protective custody and if so, the place of his/her foster care

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and the time the child was taken into protective custody; and
e. Whether any of the above information is unknown.
When a petition to terminate parental rights seeks termination of the rights of a biological father
who is not the legal father and who has not surrendered his rights to the child, the petition shall
include a certificate from the putative father registry disclosing the name, address and social
security number of any registrant acknowledging paternity of the child or the possibility of
paternity of a child of the child’s mother for a period beginning no more than two years
immediately before the child’s birth. The certificate shall document a search of the registry on or
before the date the petition was filed and shall include a statement that the registry is current to
the date of the filing of the petition.
A copy of a voluntary surrender or written consent previously executed by a parent named in the
TPR petition shall be attached to the petition.
Evidence Standard and Best Interest in TPR Cases
DFCS’ evidence must support its petition for TPR. The burden of proof is on DFCS to prove the
facts by clear and convincing evidence that the child is dependent and grounds for TPR exist. In
considering TPR, the following factors are considered by the court:
1. Standard of Evidence - There must be clear and convincing evidence of parental
misconduct or inability to care for the child; and
2. Best Interest of the Child - If the standard of evidence can be satisfied, then the court
must determine that termination is in the best interest of the child.
Parental Consent
Parental consent refers to the written consent of the parent to termination of parental rights
acknowledged before the court or, if the parent voluntarily surrenders his/her rights to the
presentation of a valid surrender, for which acknowledgment is not necessary. Since Georgia
has a ten-day revocation period, voluntary surrenders are accepted as valid on the eleventh day
without court action. A voluntary surrender of parental rights should not be received or used as
consent to termination of parental rights on the day of the termination hearing, as a voluntary
surrender of parental rights may be revoked within ten (10) days of execution.
Parental Failure to Provide Support
Parental failure to provide support requires that the parent must have been ordered to support
the child; an order was given by a court of competent jurisdiction of this or another state; the
parent “wantonly and willfully” failed to comply (parent had the resources to pay); and the failure
to comply with an order lasted for a period of 12 months or longer.
Exceptions to Filing for TPR
Compelling reasons for not filing TPR may include, but not be limited to:
1. A parent of the child is successfully participating in services that will make it possible for
the child to safely return home;
2. Another permanency plan is better suited to meet the health and safety needs of the child
and documentation may include:
a. The child is fourteen (14) years of age or older and objects to the TPR;
NOTE: Prior to accepting a child’s objection, the court shall personally question
the child in chambers to determine whether the objection is a voluntary and

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knowledgeable choice;
b. The child is sixteen 916) years of age or older and requests that emancipation be
selected as the permanency plan;
c. The parent and child have a significant bond, but the parent is unable to care for
the child because of an emotional or physical disability and the child’s caregiver
has committed to raising the child to adulthood and facilitating visits with the
parent;
d. The child is in a residential treatment facility that provides services designed to
address the child’s treatment needs and the court determines the child’s needs
could not be served in a less restrictive environment.
3. The child is living with a relative who is unable or unwilling to adopt, but who is willing and
capable of providing the child with a stable and permanent home environment and the
removal from this relative would be detrimental to the child’s emotional well-being;
4. The court or Judicial Citizen Review Panel (JCRP), in a prior hearing or review,
determined that DFCS did not make reasonable efforts to reunify the family;
5. The child is an unaccompanied refugee or there are international legal obligations or
foreign policy reasons that would preclude TPR.
If a child is alleged or adjudicated to have committed a delinquent act and is also in foster care,
the following would be additional compelling reasons for not filing for TPR:
1. The child’s developmental needs require continued out-of-home placement for an
additional number of months and his parent, guardian or legal custodian has cooperated
with referrals, visitation, family conferences and therapy;
2. A child is uncooperative with services or referrals; and
3. The length of the delinquency disposition affects the permanency plan.
If reunification cannot occur within the time frame specified in the case plan, but it is not
appropriate to abandon it as the permanency plan, reunification efforts may continue within a
reasonable extension of time which is consistent with the child’s developmental needs. The
reasons why the continuation is needed and a projected reunification date should be clearly
documented.
The County Department must continue to develop and re-evaluate the permanency plan for the
child and continue to have permanency hearings conducted despite having a documented
compelling reason for not filing TPR.
Termination Packet
The Termination Packet is designed to expedite the process of moving children to permanency.
While the SAAG may request other documents and/or case information, the Termination Packet
usually includes:
1. All court orders (including the shelter care order, preliminary protective hearing order,
adjudication order, dispositional order, review orders, permanency plan hearing etc.);
2. All case plans for the prior eighteen (18) months and supplemental orders making the
case plans the order of the court;
3. A certified copy of the child’s birth certificate; and
4. A completed Termination Questionnaire.
The SAAG will usually prepare the termination petition within thirty (30) days of receipt of the

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Termination Packet and have it ready for verification and filing.
Seeking to be Joined as a Party to a Petition
Consult with the SAAG regarding how DFCS becomes “joined” as a party to a petition for TPR
which has already been filed by another party on the child’s behalf.
TPR Hearing
The SSCM shall carry the major responsibility for introducing the pertinent facts. The SAAG will
conduct the direct examination, primarily using open-ended questions.
Cross examination is conducted by the attorney for the parent or child(ren) and is designed to
support the argument the attorney is presenting to the court. The attorney for the parent(s) or
child(ren) is not making a personal attack on any witness, but must attempt to make their case
through this type of questioning. The attorney for the parent(s) or child(ren) may attempt to show
the following:
1. The competency of the SSCM is questionable;
2. The County Department has not provided adequate or appropriate services to the parent;
3. There are discrepancies between the case record and the SSCM’s testimony or between
the statements made in direct examination and cross examination; or
4. The SSCM made statements outside of court, usually to the parent(s), which are
inconsistent with statements made in court.
The following tactics are sometimes used by attorneys to discredit the witness:
1. Confuse the witness;
2. Anger the witness;
3. Have the witness say or agree to statements the witness does not mean; or
4. Intimidate a witness by using a disrespectful attitude, an abrasive tone of voice,
repetitious questioning and indications of disbelief.
In all TPR proceedings, the standard of proof is by clear and convincing evidence. Once TPR
has been ordered, the parent whose rights have been terminated is not entitled to be notified of
any adoption proceeding or have the right to object to any adoption. The relationship between a
child and his/her siblings shall not be severed until the relationship is terminated by a final
adoption order. Despite TPR, a relative’s relationship for the purpose of placement and
permanency remains intact until terminated by a final order of adoption.
Notice of Appeal
If an application for a discretionary appeal is filed and granted by the appellate court and a
Notice of Appeal is timely filed, the termination order may be appealed to the Court of Appeals
and may later be appealed to the Supreme Court. Both courts do not take testimony, but render
their decision on review of the court hearing. This is the reason it is critical to enter all the major
points to support termination during the hearing. No new evidence may be entered when the
case is under appeal.
If the termination decision is overturned, the Court of Appeals can determine who should have
custody of the child when the court gives its decision. If the appellate decision is for the parent
to have custody, this would supersede the temporary custody order of the Juvenile Court and
would be put in effect by the Juvenile Court when the Court of Appeals remittitur (mandate) is

13. Page 13 of 13
received. A Juvenile Court Judge may also change the temporary custody order in response to
the Court of Appeals overturning a decision. The person or agency having custody of the child
would depend upon the wording of the court orders. Consult with your SAAG and the Office of
General Counsel for guidance in these situations.
Reinstatement of Parental Rights
Because termination of parental rights is the most serious legal action DFCS can initiate upon
the parent/child relationship, it should not be done hastily and without clear consideration of the
child’s best interests. In the same regard, if a child wishes to have his parent’s rights reinstated,
the SSCM should assist the child in exploring what this means for the child and the impact it may
or may not have on the child’s safety, permanency and well-being. If the parent’s circumstances
have not significantly changed to where they are now capable of providing the proper care and
supervision for the child, it is unlikely the court would reinstate the parental rights. The SSCM
should explore all possible outcomes with the child including the possibility that the parent does
not want their rights reinstated. If the child wishes to proceed with filing a petition to reinstate
parental rights, the GAL should assist the child in filing a petition.
If it appears it is in the best interests of the child to reinstate parental rights, the court shall order
that a hearing be held and shall cause notice to be served by US mail to DFCS, the attorney of
record, the GAL (if any), the foster parents (if any) and the child’s former parent’s whose rights
were terminated. The former parents and foster parents shall have a right to be heard at the
hearing, but will not be made parties of the hearing and the hearing may be conducted in their
absence. A child’s motion shall be dismissed if his/her parent cannot be located or if the parent
objects to the reinstatement.
The court shall grant the petition if it finds by clear and convincing evidence that a child is no
longer likely to be adopted and that reinstatement of parental rights is in the child’s best
interests.
To determine whether reinstatement is in the child’s best interests the court shall consider, but
not be limited to, the following:
1. Whether a parent whose rights are to be reinstated is a fit parent and has remedied the
deficits outlined in the termination order;
2. The age and maturity of the child and the ability of the child to express his/her preference;
3. Whether the reinstatement of parental rights will present a risk to a child’s health, welfare
or safety; and
4. Other material changes in circumstances that may have occurred which warrant granting
the petition.
FORMS AND TOOLS
Termination Packet
Termination Packet - Instructions