Termination of parental rights should be considered only after full efforts have been made to return the child(ren) safely to a parent. These proceedings may be initiated upon the request of the child’s parent(s) (voluntary relinquishment) or by any other person, including CD, making a referral to the appropriate juvenile office. In certain circumstances the Division is authorized to file a petition for termination of parental rights without making the request to the Juvenile Officer with the assistance of Division of Legal Services.

The Family Support Team, in assessing a child’s needs for permanency, should consider termination of parental rights if permanency through reunification with a parent and if adoption is a reasonable expectation and meets the child’s needs.

Once it has been determined that TPR and adoption will become the case goal, the Division shall still be required to make reasonable efforts toward reunification (unless an order from the court states otherwise).  As part of the effort to prepare parents for termination of parental rights, The Division shall continue to engage the parents in discussion regarding changing roles and relationships that may occur between the parent and child, discussion of plans for visitation/ family time that are in the best interest of the child(ren) and planning for the immediate future and referral for needed services. The Division shall continue to provide referrals to parents for requested services. These services are based on the specific parent’s needs and may include grief counseling or other efforts to ease the transition during this time. Additionally, parents should receive education on issues related to confidentiality, search and reunion, the Divisions should document any plans for the parent’s participation in the adoption process, when appropriate and desired.

Termination of parental rights may be a simple legal process when all parents to the child are identified, located and voluntarily relinquish their parental rights. Conversely, termination of parental rights may be a time consuming and complex legal matter if one or both parents object to his/her parental rights being terminated. In all cases the facts and grounds for termination must be proven by legally admissible evidence in a court of law. Grounds for termination of parental rights must be proven to the court by clear, cogent and convincing evidence. This is the highest standard of proof known to the civil law. It is essential, that all of the facts supporting a termination of parental rights are carefully and thoroughly documented. Individual courts may interpret the involuntary termination statues differently or be reluctant to pursue premature termination of parental rights. Staff may consult with the Division of Legal Services in addition to the juvenile officer on all cases where involuntary termination of parental rights is being considered by the Family Support Team.

When considering a petition for termination of parental rights the court must apply a two part analysis: first, the court must determine whether there are statutory: “grounds” for termination in the case under consideration: and second, if the petitioner proves that the statutory grounds exist, whether termination of parental rights is in the best interests of the child. The court may deny a petition for termination of parental rights if the court finds that TPR is not in the best interest of the child even if there are statutory grounds for termination. However, the court cannot grant a petition to terminate parental rights if the petitioner failed to prove by clear, cogent and convincing evidence that the statutory grounds for TPR exist.

Section 210.720 states:
In the case of a child who has been placed in the custody of the children’s division in accordance with subdivision (17) of subsection 1 of section 207.020, RSMo, or in another authorized agency, by a court, or has been placed in foster care by a court, every six months after the placement, the foster family, group home, agency, or child care institution with which the child is placed shall file with the court a written report on the status of the child. The court shall review the report and shall hold a permanency hearing within twelve months of initial placement and at least annually thereafter. The permanency hearing shall be for the purpose of determining, in accordance with the best interests of the child, a permanent plan for the placement of the child, including whether the child should be continued in foster care, whether the child should be returned to a parent, guardian or relative, or whether proceedings should be instituted by either the juvenile officer or the Division to terminate parental rights to legally free such child for adoption.

Related Practice Alerts and Memos:

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