Petition, Grounds

(a)A petition may be filed by a parent either directly or through the Division. The parent-child relationship may be terminated with respect to the parent by whom or on whose behalf such petition has been filed, where the court finds that such termination is in the best interest of the parent and the child.

(b)A petition for termination of the parent-child relationship with respect to a parent who is not the petitioner may be filed by a petitioner designated in Subsection (c). The petition may be granted where the court finds that one or more of the following conditions exists:

(1)that the parent has abandoned the child in that the parent has made no effort to maintain a parental relationship with such child;

(2)that the parent has substantially and continuously or repeatedly neglected the child;

(3)that the presumptive parent is not a natural parent of the child;

(4)that the parent is unable to discharge parental responsibilities because of mental illness or mental deficiency, and there are reasonable grounds to believe that such condition will continue for a prolonged indeterminate period. COL 6/21/2023 CH. 4 PARENT AND CHILD

(5)that the parent is found by clear and convincing evidence to have committed an act of criminal sexual conduct as defined in 9 GCA § 25.15, 9 GCA § 25.20, 9 GCA § 25.25, or 9 GCA § 25.30, or other equivalent offense under the laws of another state, territory, or possession, against the petitioner, which resulted in the conception of the child. A criminal conviction of criminal sexual conduct is not required to terminate parental rights under this Paragraph.

(6)that the parent has been convicted of one

(1)or more of the following offenses:

(A)murder, pursuant to 9 GCA Chapter 16, of another child of the parent, a sibling or step-sibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant;

(B)manslaughter, pursuant to 9 GCA Chapter 16, of another child of the parent, a sibling or step-sibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant;

(C)an attempt, solicitation, or conspiracy to commit any of the offenses specified in Subsections

(A)and (B);

(D)a felony assault, pursuant to 9 GCA Chapter 19, which resulted in injury to the child, a sibling or step-sibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant;

(E)a criminal charge relating to the physical or sexual abuse or neglect of any child and that physical or sexual abuse, neglect, or emotional injury to the child named in the present termination action is likely to occur if the parental rights are not terminated;

(7)that the child has been in foster care under the responsibility of Child Protective Services for fifteen

(15)of the most recent twenty-two

(22)months. COL 6/21/2023 CH. 4 PARENT AND CHILD

(A)It is a rebuttable presumption that termination of parental rights is in the best interest of the child if the child was conceived as a result of criminal sexual conduct; except, that if both parents are at least fourteen

(14)years of age but no greater than seventeen

(17)years of age, the presumption shall not apply and the court must determine if termination of the parental rights of the biological parent is in the best interest of the child.

(B)The court may order the parent to pay child support; termination of parental rights under this Section shall not be a defense to such support order.

(C)The court may order that the child’s inheritance rights be preserved; termination of parental rights under this Section shall not be a defense to such order.

(c)The petition under Subsection

(b)may be filed by the following:

(1)either parent when termination of the parent-child relationship is sought with respect to the other parent;

(2)the guardian of the person or the legal custodian of the child or the person standing in loco parentis to the child;

(3)the Division;

(4)any other person having a legitimate interest in the matter.

(d)Under any of the conditions specified in Subsections (b)(1), (6), and

(7)of this Section, Child Protective Services shall file a petition to terminate the parental rights of the child’s parent (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and concurrently identify, recruit, process, and approve a qualified family for an adoption. Child Protective Services may elect not to terminate the parental rights of the child’s parent if:

(1)the child is being cared for by a relative approved by Child Protective Services; COL 6/21/2023 CH. 4 PARENT AND CHILD

(2)Child Protective Services has documented a compelling reason, available for court review, for determining that filing a petition to terminate parental rights would not be in the best interests of the child. Compelling reasons for not filing a petition to terminate parental rights include, but are not limited to, the following:

(A)there are insufficient grounds for filing a petition;

(B)the parent of the child is actively engaged in services to address the reasons the child entered care (including treatment for substance abuse disorder, mental health concerns, or parenting skills);

(C)there is adequate documentation that termination of parental rights is not the appropriate plan and not in the best interests of the child; or

(3)the family of the child has not been provided, consistent with the time period in the Service Plan under § 13304 of Article 3, Chapter 13, Title 19 GCA, services or treatment that Child Protective Services deemed necessary for the safe return of the child to the child’s home, when reasonable efforts to reunify the family are required.