Federal law requires that DFPS request termination of parental rights if a child has been in foster care for 15 of the last 22 months, unless certain exceptions apply.

42 U.S.C. §675(5)(E)External LinkV

In most counties, DFPS requests termination of parental rights as an alternative in the original petition filed at the time of removal. This puts the parents on notice from the beginning of the case that if the problems that lead to removal are not resolved, DFPS may ask the court to terminate parental rights.

Ultimately, if the parent’s performance in establishing a safe home for the child is inadequate, DFPS may consider asking the court to set a final hearing at which DFPS seeks termination of parental rights.