A plan for involuntary termination of parental rights may be appropriate when there is clear and convincing evidence that one or more of the specified legal grounds for filing a TPR exist in the case and termination of parental rights is in the best interest of the child. When the Family Support Team determines that the child’s best interest would be served by pursuing involuntary termination of parental rights, the Family Children’s Service Worker should take the following steps:

• Review termination of parental rights statutes (Section 211.442 – 211.487) and determine if case information is consistent with TPR grounds for an involuntary action. In cases where the worker or supervisor are uncertain about whether there is a legal or factual basis for filing a TPR petition they should refer the case to the Division of Legal Services (DLS) for a legal consultation through the DLS referral process. CD workers should not be consulting the Juvenile Officer, Juvenile Officer’s attorney, the GAL or other private attorneys for legal advice.
• Advise the parents of the decision and explore with them the prospects of voluntary relinquishment of their rights. If the parent is represented by an attorney, the worker should not discuss this issue with the parent without first notifying the attorney and asking whether the attorney has any objection to the worker discussing the prospects of voluntary relinquishment of their rights. If the attorney has objections then the worker should work through the attorney. If the worker is represented by DLS the worker should request that the DLS attorney initiate this process. If the parent does not have an attorney the worker should refer the parent to local legal services.
• Submit a written report in accordance with local juvenile court policy. The Family Children’s Service Worker should document:
  • Efforts expended to identify and locate parents,
  • Services provided to each parent, i.e., intensive in-home services, drug/alcohol assessment, counseling and/or group meetings, parent aid services, family and/or individual counseling, parent training;
  • Response of parent(s) to services, i.e., did parent attend as required, did parent actively participate, has parent demonstrated improved abilities or skills as a result of services;
  • Assessment of child’s needs, i.e., is continuing relationship with birth parent positive or negative for child, prospects for adoption; and
  • Rationale for recommendation, i.e., even if given more time and more services, parents will not in foreseeable future be in position to assume care and custody of child.
• Receive written decision from juvenile officer regarding intent to file TPR petition:
  • Follow up with a letter requesting decision if written decision is not received within 30 calendar days.
  • All Ordered Evaluations and Reports Shall be made available to the Court 15 Days Prior to the Dispositional Hearing or as Ordered by the Court.
• Assure DLS attorney is unavailable to file the TPR petition
• If juvenile officer declines to file petition for involuntary termination of parental rights, cases should be reviewed through supervisory channels. If an adoptive staffing has occurred, a family has been identified for the child, and there are no other competing petitions anticipated or filed, consult the family regarding their willingness to proceed with a petition for adoption and termination of parental rights. If it is determined the adoptive family will, through their attorney, file the petition for TPR and adoption, an Agreement for payment of Litigation Costs in Termination of Parental Rights Cases is appropriate. The worker will make contact with the central office Adoption Unit to initiate the request for an agreement.
• If petition for involuntary termination of parental rights is filed by the juvenile court, Division of Legal Services or the prospective adoptive parent(s) attorney, cooperate with local juvenile court requirements for interrogatories, depositions, appearances, testimony, etc.
  • Pursuant to section 210.145, RSMo; “16 In any judicial proceeding involving the custody of a child the fact that a report may have been made pursuant to sections 210.109 to 210.183 shall not be admissible. However, nothing in this subsection shall prohibit the introduction of evidence from independent sources to support the allegations that may have caused a report to have been made.”  This means that the fact that the Division has substantiated a hotline report is not admissible in evidence as grounds to support a TPR petition and it should not be a stated ground for filing a TPR petition. The statute, however, expressly permits the use of the underlying evidence to support the allegations which may have caused a report to have been made. This means, for example, that the fact that the division may have a substantiated finding that a parent sexually abused the child is not admissible to prove the child was sexually abused. It is proper, however, for the party to plead and introduce evidence on the fact that the child was sexually abused from independent evidence such as the child’s statements, witness testimony, medical evidence and evidence from the counselor or the therapist. This provision of the law is to limit harassment reports. However, as a result, staff may be denied the ability to enter some evidence. If this becomes an issue, staff may consult with DLS.
• Collect parental background information, i.e., ethnic/cultural/religious heritage, physical description, health, education, etc.
• Once case is concluded, obtain copy of any orders entered.

Related Practice Alerts and Memos:

2-18-20 – PA20-CM-01 – Termination of Parental Rights Referral Form