REQUIREMENTS

The Division of Family and Children Services (DFCS) shall: 

1. File petitions for 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. 
2. Adhere to the Indian Child Welfare Act (ICWA) notification requirements for termination proceedings and inform the court if there is reason to know a child is a member of a federally recognized Indian tribe; or eligible for membership in a federally recognized Indian tribe, and is the biological child of a member/citizen of a federally recognized Indian tribe (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency). 
3. 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: 
      1. Will calculate the 15 out of the most recent 22-month period from the date the child entered foster care; 
      2. Will use a cumulative method of calculation when a child experiences multiple exits from and entries into foster care during the 22-month period; 
      3. Will not include trial home visits or runaway episodes in calculating 15 months in foster care; and 
      4. 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: 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. 
      1. 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; 
      2. 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;
      3. Voluntary manslaughter of the other parent of the child;
      4. Aiding or abetting, attempting, conspiring or soliciting to commit murder or voluntary manslaughter of another child of the parent; 
      5. Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of the child; or 
      6. A felony assault that results in serious bodily injury to the child or another child of the parent. 
      7. When the parent or legal guardian has committed sexual abuse against the surviving child or another child of the parent; or 
      8. 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.
4. At its discretion, 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.
5. Concurrently begin to identify, recruit, process and approve a qualified adoptive family for the child, when DFCS files or joins a petition to terminate parental rights. 
6. Ensure the DFCS County Director/Designee approve and confirm in writing the decision to file TPR based on: 
   1. The circumstances of the case; 
   2. Documentation of evidence; and 
   3. The goal of adoption being a viable permanent plan. 
7. Use any of the following grounds outlined in state law, when filing a petition for TPR: 
   1. The parent has given written consent to termination which has been acknowledged by the court or has voluntarily surrendered his or her child to DFCS for adoption; 
   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 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 by his or her parent, 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 in the reasonably foreseeable future, and: 
      1. Returning the child to the parent is likely to cause serious physical, mental, moral, or emotional harm to the child or threaten the physical safety or wellbeing of the child; or 
      2. Continuation of the parent-child relationship will cause or is likely to cause serious physical, mental, moral, or emotional harm to the child. 
8. Refrain from accepting a parent's surrender of their rights to the child once a TPR petition has been filed unless the parent: 
   1. Consents to a judgment terminating his/her parental rights; and  
   2. Executes an act of surrender in favor of: 
      1. A third party, if all the parties to the petition to terminate parental rights agree; or 
      2. DFCS. 
9. Ensure the court appoints an attorney to represent the child in a TPR proceeding. The court may also appoint this person as the Guardian ad Litem (GAL) or shall appoint a separate GAL.  
10. Prepare for, attend, and participate in TPR hearings. 
11. Make efforts to permanently place the child with kin following a TPR order if the individual is willing and found by the court to be qualified to receive and care for the child. 

12. Acknowledge that the parent(s) have 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. The decision to terminate parental rights stands 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 days after the appellate court enters an order permitting the appeal. If the application for appeal is granted and the Notice of Appeal is filed timely, 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.

13. Acknowledge that a child may petition the court to reinstate parental rights if: 

    1. He/she has not been adopted after three years from the TPR date or date of voluntary surrenders; and 
    2. The court has determined the permanency plan is no longer adoption. 

    NOTE: 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 14 years of age or older shall sign the petition unless there is good cause why they should not.

PROCEDURES

The Social Services Case Manager (SSCM) will: 

1. Monitor alerts and the Case Watch page in Georgia SHINES to ensure the TPR is filed timely or a compelling reason for not filing is documented. 
2. Review the case record to ensure all relevant information is documented to support the filing including: 
   1. All contacts (telephone, email, written correspondence and face-to-face contacts) with the parent(s), child, placement resource, kin, service providers and other collaterals; 
   2. Parent-child visitation; 
      1. When visits were scheduled; 
      2. Whether or not the visits occurred, where they occurred and the duration of the visits; 
      3. Why visits did not occur and efforts to resolve barriers to visitation; 
      4. The quality and quantity of interaction between the parent and child during visitation; 
      5. The degree of understanding and acceptance shown by the parent toward the child and the child’s reaction to the parent; and 
      6. The placement provider’s description of the child’s behavior after parent-child visits. 
   3. Referrals for services; 
      1. Dates and reasons for the referral; 
      2. Participation by the parent(s) in services; 
      3. Missed appointments and the reasons for missed appointments; 
      4. Follow-up contact with the service providers; 
      5. Recommendations of the service providers; 
      6. Progress made by the parent(s) including behavioral changes observed. 
   4. All efforts made to fulfill the case plan requirements and/or engage parents who are not complying with the case plan, including any diligent search efforts to locate an absent parent (see policy 19.20 Case Management: Diligent Search).

3. Determine, in collaboration with the Social Services Supervisor (SSS), if TPR is in the best interest of the child and the timeframe for filing the petition for TPR or documenting the compelling reasons for not filing the petition; 

   NOTE: Consider the “15 out of 22 months” as the maximum length of time a child can be in foster care before mandated termination action takes place unless a compelling reason for an exception to filing for TPR is documented in the case plan.

4. Conduct a Family Team Meeting (FTM) or other family meeting (see policy 19.3 Case Management: Solution-Focused Family Team Meetings) to: 
   1. Discuss the decision to file a TPR petition and provide formal notification; 
   2. Plan for permanency for the child; and 
   3. Inform the child and family about the process for reinstatement of parental rights if TPR is granted). 
5. Document in the Case Plan in Georgia SHINES, the specific reason for not filing the TPR if the decision is not to file a TPR based on any of the following: 
   1. The child is placed with a relative: 
      1. Where the child is placed;
      2. Length of time in the home; 
      3. Adjustment of the child to the placement; 
      4. Stability of the placement; 
      5. Fitness and capability of the relative; 
      6. Safety and quality of care the child receives; 
      7. Commitment of the relative to the child (present and future);

      8. Potential for permanency through adoption or guardianship. 

         NOTE: Placing the child with a relative does not preclude consideration of permanency through adoption or guardianship (see policy 10.22 Foster Care: Permanency Planning). 

   2. The compelling reason(s) for determining that filing the TPR petition is not in the best interest of the child (see Practice Guidance: Exceptions to Filing for TPR). 
   3. Failure to provide services to facilitate reunification: 
      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 time frames outlined in the case plan; 
      3. Steps to remedy the failure to provide services; 
      4. If services are provided the likelihood, it will bring about safe reunification within a specified time (indicate that time frame). 
6. Check the Putative Father Registry to identify any possible biological fathers, who are not the legal father of the child, if not previously completed (see policy 11.2 Adoption: Putative Father Registry and Birth Certificates). 
7. Prepare the Termination Packet: 
   1. The information provided in the Termination Packet should allow the Special Assistant Attorney General (SAAG) to determine if: 
      1. The evidence will satisfy the grounds for TPR; and
      2. All requisite steps have been fulfilled to prepare the TPR petition. 
   2. Submit the TPR Packet to the SSS for review and approval. 
   3. Submit the TPR Packet to the SAAG within 30 days of written approval from the County Director/Designee. 
8. Staff with the SAAG to prepare for the TPR hearing, by reviewing: 
   1. The evidence 
   2. Chronology of case events  
   3. Major points to be brought out in testimony
   4. Witnesses
   5. Any other information
9. Provide notification to the caregiver (placement resource) in accordance with policy 17.8 Legal: Caregiver’s Right to be Notified and Heard and document in the narrative of the Contact Detail page in Georgia SHINES within 72 hours of the occurrence, including:  
   1. Efforts to contact him/her 
   2. The date and method in which notification was provided 
   3. The response to the notification 
   4. Whether he/she plans to attend the hearing and if not, why not 
   5. Explanation of the importance of attending the hearing and the possibility of being subpoenaed (see Practice Guidance: Caregiver Testimony Dispositional Phase of TPR) 
   6. Whether he/she will present verbal or written testimony and/or documentation and if not, why not 
10. Attend the TPR hearing and be prepared to testify. 
11. Notify the Adoption Exchange, State Adoption Unit within twenty-four hours of a TPR of a child that fits the description of a Wait List child (see policy 11.4 Adoption: Wait List); 

12. Update the Legal Action and Outcomes Detail page in Georgia SHINES; 

    NOTE: The State Office Adoption Unit is notified in Georgia SHINES by a system generated alert once the Legal Action and Outcomes Detail page is updated. 

13. Obtain and review the TPR court order for accuracy and that it includes the required language and court-ordered recommendations (see policy 17.3 Legal: Court Orders and Placement Authority). Upload the court order to Georgia SHINES External Documentation. 
14. Proceed with finalizing the permanency plan of adoption if TPR is granted and the parent(s) do not file an appeal within the required time frame (see policy 11.1 Adoption: Adoption Preparation). 
15. When TPR is granted, and the parent(s) file an appeal: 
    1. Offer brief supportive services to the parent(s); 
    2. Provide a list of community agencies that may be able to support the family during the appeal process;  
    3. Continue parent-child visitation when in the best interest of the child unless the court order states otherwise;  
    4. Engage the family in adoption planning (see policy 11.1 Adoption: Adoption Preparation). 
16. If a child requests to have parental rights reinstated: 
    1. Explore the reinstatement with the child, GAL, placement resource and the child’s support team, including: 
       1. Whether the request meets the provision of the law for reinstatement of parental rights; 
       2. The child’s reason for wanting reinstatement; 
       3. Other permanency options available to the child; 
       4. Any contact between the child and parent(s) since TPR;
       5. 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; 
       6. The current protective capacities of the parent(s) and the current child vulnerabilities; and 
       7. The child’s expectations of what will occur if parental rights are reinstated. 
    2. Inform the child his/her GAL will assist in filing a petition to reinstate parental rights; 
    3. Complete a Kinship Assessment on the parent(s) (see policy 22.3 Kinship: Kinship Assessment);
    4. Participate in a staffing with the SSS and SAAG to determine DFCS’ recommendations regarding reinstatement; 
    5. Attend and participate in any court hearings regarding reinstatement; 
    6. Provide transition services to the child and family when ordered by the court if reinstatement is granted.

The SSS will: 

1. Monitor the Georgia SHINES Case Watch page to ensure timely filing of TPR or a compelling reason for not filing is documented. 
2. Review the case record to determine whether: 
   1. Reasonable efforts are being made to reunify the child and family or achieve an alternate permanency plan; 
   2. Sufficient evidence exists to support TPR and the recommended permanency plan to be considered by the court. 
3. Conduct a supervisor staffing with the SSCM to determine whether TPR is in the best interest of the child (see Practice Guidance: Best Interests Determination). 
4. Review the TPR Packet for accuracy and completeness: 
   1. If the TPR Packet is incomplete, return the packet to the SSCM indicating what information is required.  
   2. If the TPR Packet is complete, submit the packet to the County Director/Designee for review and approval. 
5. Participate in the staffing with the SSCM and SAAG prior to a TPR hearing. 
6. Provide guidance to the SSCM on how to prepare and testify at the hearing. Attend court hearings to provide guidance and support to the SSCM, as needed. 
7. Review the TPR court order for accuracy and that it includes the required language and court-ordered recommendations (see policy 17.3 Legal: Court Orders and Placement Authority). 
8. Ensure documentation is entered, court orders are uploaded, and the appropriate pages updated in Georgia Shines within 72 hours of the occurrence. 
9. Monitor appeal timeframes to ensure: 
   1. Timely achievement of the permanency plan if no appeal is filed; 
   2. Ongoing follow-up with the SAAG, if an appeal is filed. 

10. Support the SSCM to ensure brief supportive services and continued visitation (when determined in the best interest of the child and not prohibited by court order) are provided to the parents, if the TPR is under appeal. 

    NOTE: If services to facilitate reunification were not provided, notify the County Director and Regional Director in writing. 

11. Conduct a staffing with the SSCM to determine that it meets the provisions of the law and DFCS’ recommendation if a child wishes to petition the court to reinstate parental rights.

The County Director/Designee will: 

1. Review the TPR Packet. 
2. Make an approval determination

PRACTICE GUIDANCE

Termination of parental rights is the most serious legal action DFCS can take regarding 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 permanent custody of DHS, the County Department has all rights and responsibilities of the legal custodian, including the authority to consent to: 

1. Marriage 
2. Enlistment in the Armed Services 
3. Any surgical procedure or other medical treatment for the child 
4. Adoption

When a mother’s parental rights have been terminated (voluntary or involuntary), she no longer has the right or authority to sign an acknowledgement of paternity form or to consent to the granting of a petition of legitimation for the same child. When parental rights are terminated, there is the expectation that the child will achieve 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 policy 17.2 Legal: Case Review/Permanency Plan Hearings and 17.1 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 months, to communicate meaningfully with a child; 
2. Failure, for a period of at least six 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 months; 
4. Failure, for a period of at least six 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: 
   1. The identity of such child’s parent, guardian or legal custodian cannot be ascertained despite diligent searching; and 
   2. A parent, guardian or legal custodian has not come forward to claim such child within three 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 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; or documentation by the County Director/Designee in the narrative of Contact Detail in Georgia SHINES.

Exceptions to Filing for TPR 

The County Department must continue to develop and re-evaluate the child’s permanency plan and follow permanency hearing requirements despite documenting a compelling reason for not filing TPR. Examples of compelling reasons for not filing TPR should be case specific and may include: 

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. The following situations are examples of when an alternative permanency plan may be in the child’s best interest: 

   1. The child is 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 knowledgeable choice. 

   2. The child is 16 years of age or older and requests that emancipation be selected as the permanency plan; 
   3. 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; 
   4. 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.

Termination Packet 

The Termination Packet is designed to expedite the process of moving children to permanency. While the SAAG may request additional documents and/or case information, the Termination Packet should be completed with attachments as listed in each section, including, but not limited to: 

1. Copies of any legitimation and/or adoption orders; 
2. Copies of the executed voluntary surrender documents when a parent has voluntarily surrendered their rights to DFCS; 
3. All case plans for the prior 18 months; 
4. A copy of the birth certificate for each child; 5. Any additional information which will assist the SAAG in completing a petition to TPR. 

The SAAG should prepare the termination petition and have it ready for verification and filing within 30 days of receipt of the completed Termination Packet. Any delays in receipt of the petition should be discussed with the SAAG. The DHS Office of General Counsel may need to be notified of repeated delays.

Petitions for TPR 

A petition for TPR shall: 

1. Clearly state that an order for TPR is requested; 
2. State the statutory grounds on which the petition is based; 
3. Set forth: 
   1. 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; 
   2. The name, age, date of birth and residence address of the child; 
   3. 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; 
   4. Whether the child is in protective custody and if so, the place of his/her foster care and the time the child was taken into protective custody; and 
   5. Whether any of the above information is unknown. 

When a petition for TPR 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.

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 

TPR hearings should be conducted within 90 days of the date the TPR petition is filed unless the court determines that just cause for a delay is shown. 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. 

In all TPR proceedings, the standard of proof is by clear and convincing evidence. 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 30 days after the conclusion of the hearing on the TPR petition. 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 a final order of adoption. Despite TPR, a relative’s relationship for the purpose of placement and permanency remains intact until terminated by a final order of adoption.

Caregiver Participation in Hearings 

The juvenile court is required to make specific findings of fact in its court order related to the caregiver’s notice, attendance, testimony, or documentary evidence. Such findings of fact shall include: 

1. Whether the caregiver was provided notice of the hearing or review, including the method, and whether the caregiver expressed an interest in being heard at the hearing or review; and  
2. If the caregiver is present at the hearing, specific information regarding the caregiver’s views, including, but not limited to those concerning the child’s: well-being, health, and safety; Any changes the caregiver believes are necessary to advance the child’s wellbeing, health and safety; The timeliness, necessity, and quality of services being provided to the child and caregiver; and a summary of the documentation presented by the caregiver regarding the child’s well-being, health, safety, including, but not limited to reports from physicians, counselors, psychologists, and teachers.

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 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. 

In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following:

1. 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; 
2. 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; 
3. Conviction of the parent of a felony and imprisonment, which has a demonstrable negative effect on the quality of the parent-child relationship; 
4. 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; 
5. 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 
6. 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 months or longer prior to the filing of the petition for TPR to: 

1. Develop and maintain a parental bond with the child in a meaningful, supportive manner. 
2. Provide for the care and support of the child as required by law or judicial decree; and  
3. Comply with a court-ordered case plan designed to reunite the child with the parent(s).

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.

Best Interests Determination in TPR Cases 

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 parents, siblings, and other kin; 
4. Any benefit to the child of being integrated into a stable and permanent home and the likely effect of delaying the integration into the stable and permanent home environment; 
5. The detrimental impact of the lack of a stable permanent home environment on the child’s safety, well-being, or physical, mental, or emotional health; 
6. The child’s future physical, mental, moral, or emotional well-being; and 

7. Any other factors considered to be relevant and proper to its determination (see Practice Guidance: Best Interest Determination in policy 17.1 Legal: The Juvenile Court Process). 

   NOTE: If the court determines that a parent has subjected his/her 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.

Custody of Child following Termination Proceedings or Surrender of Parental Rights 

After TPR, the court shall determine if the placement is in the child’s best interests and in accordance with the court approved permanency plan. In determining which placement is in the child’s best interests, 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 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. 

The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of the child and the permanency and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights.

Caregiver Testimony Dispositional Phase of TPR 

After TPR is granted, during the dispositional phase of such case, the court shall in making disposition consider the testimony of and evidence provided by a foster parent, caregiver, relative, or other individual in whose physical custody the child has resided for at least 12 months during a period ending not more than 90 days preceding the filing of the petition, provided that such individual expresses a desire and willingness to adopt the child. Such testimony and evidence may include evidence regarding the level of attachment and bonding between the child and caregiver; the child’s health, safety, and well-being; and such other evidence the court may consider relevant to its disposition of the case. The court may in its discretion limit the scope of such evidence as it may deem relevant and material to the dispositional issues at hand.

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. 

The appeal of an order granting a petition to terminate parental rights shall stay an adoption proceeding related to the child who is the subject of the order until the order becomes by the conclusion of appellate proceedings or the expiration of the time for seeking such review. Except for proceedings in connection with an adoption, the court shall continue to conduct hearings and issue orders in accordance with Chapter 15 of the Official Code of Georgia while an appeal in a case is pending. 

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 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 interest. In the same regard, if a child wishes to have his/her parent’s rights reinstated, the SSCM should assist the child in exploring what this means for the child and the impact it may 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; however, they 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 the 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