| Definition |
A
coterminous petition represents the simultaneous filing of a
neglect petition and a termination of parental rights petition on behalf
of the same child, or the consolidation of the two petitions if the TPR is
filed before the neglect petition has been adjudicated.
The
Department must file a motion to consolidate the petitions if filed
separately. A Motion for
Finding that Reasonable Efforts are No Longer Appropriate shall also be
filed. |
| When to
File/Purpose |
A
coterminous petition is filed when the Department determines, prior to the
neglect adjudication, that reunification with the parent is inappropriate
and that termination of parental rights is the best tool to achieve the
permanency plan for the child.
The
purpose is to bypass the period of commitment and proceed directly to the
statutory parent phase so that the Department can achieve the permanency
plan (usually adoption).
In
most cases, the coterminous petition will be filed with an Order of
Temporary Custody (OTC). |
| Why File? |
A
coterminous petition can be filed based upon the following facts:
·
non-accidental
or inadequately explained serious injury to a child occurs
·
the
child’s sibling has been seriously assaulted or killed by the parent
·
sexual
abuse of a child by a parent
·
the
parent of a child, under the age of seven (7), has failed, is unable or
unwilling to achieve such degree of rehabilitation as would encourage the
belief that, within a reasonable period of time, considering the age and
needs of the child, the parent could assume a responsible role in the life
of the child and such parent’s parental rights were terminated on
another child
·
an infant
has been abandoned
·
the
child has been in the care and custody of DCF for fifteen (15) consecutive
months or fifteen (15) of the last twenty-two (22) months. |
| Petition and
Summary of Facts |
For
neglect and TPR petitions filed simultaneously, use JD-JM-40 with co-terminous
box checked. A JD-JM 98 must
also be filed.
The
Summaries of Facts for both petitions are included in one combined Summary
of Facts. See the attachment
to 46-3-21.6.
OTC
documents and other affidavits that accompany a neglect petition, however,
must still be filed. See the
checklist. |
| Social Study |
The Social Study for a coterminous petition shall
be the same as the one utilized for a regular termination of parental
rights petition. See the
Attachment to policy 46-3-21.7 for the study format. |
| Who Makes the
Decision to File? |
The Social Worker and/or Social Work Supervisor
make a recommendation to the Program Supervisor, who reviews the
preliminary petition package, and if in concurrence with the
recommendation, approves the plan. Legal
staff ensures that the petition is as legally sound as possible. |
| Possible
Dispositions |
With
a coterminous petition, the disposition can be
·
an
adjudication of neglect and dismissal of termination of parental rights
with the disposition pursuant to the neglect petition
·
a
dismissal of both the neglect and termination of parental rights petitions
·
an
adjudication of both neglect and termination of parental rights and the
granting of the termination of parental rights as the disposition of both
petitions.
An
OTC can be granted prior to any one of the above dispositions. |
| What is the Court
Procedure? |
When
coterminous petitions are filed with an OTC, the court first determines
whether or not to grant the OTC.
At
a later hearing, the court determines whether the child has been abused,
neglected or uncared for by a fair preponderance of the evidence.
If
the court does find that the child has been abused, neglected or uncared
for, then the court shall proceed to determine whether statutory grounds
exists to terminate parental rights.
If the grounds exist, then the court adjudicates on the TPR. The court then determines whether or not TPR is in the
child’s best interests. If so, the court grants the TPR and appoints a
statutory parent.
If
the court determines that termination grounds do not exist or termination
is not in the best interests of the child, then the court may order any of
the dispositional alternatives available under the neglect petition. |
| What Needs to be
Filed? |
The documents required for filing coterminous
petitions are identified on the Checklist For Coterminous Petitions With
An Order of Temporary Custody and Neglect, DCF-2149, in the Appendix of Court Related Forms, 46-3-33. |
| Service of Process |
Service of process is the same as for a regular
TPR. See policy 46-3-30.7,
Service of Process for a Termination of Parental Rights Petition. |
