Policy
Manual Attachment to 46-3-21.6 Format for Summary of Facts for TPR In
Re: (name of child/ren and date/s of birth) SUMMARY
OF FACTS TO SUBSTANTIATE PETITION FOR TERMINATION OF PARENTAL RIGHTS for
co-terminous filed simultaneously with neglect, use the following: SUMMARY
OF FACTS TO SUBSTANTIATE PETITIONS OF NEGLECT AND TERMINATION OF PARENTAL RIGHTS Child(ren)for Whom Petition(s) is/are
Filed: [list each child separately]
Mother:
Father
[of ____ if more than one child: list each father separately]
I.
JURISDICTION 1.
There is no proceeding pending in any other court affecting the custody
of said child(ren). 2.
On [date], Orders of Temporary Custody were granted on behalf of [name
children]. 3.
On [date], [names of children] were adjudicated neglected/uncared
for/dependent and were committed to the care and custody of the Commissioner of
the Department of Children and Families until further order of the court by the
Superior Court for Juvenile Matters at [venue of court] (name of judge, J.).
4.
On [date], the Superior Court for Juvenile Matters at [venue of court]
(name of judge, J.) approved a permanency plan of termination of parental rights
and adoption. [for
co-terminous filed simultaneously with neglect, use the following: I. State
Summary of Facts supporting the neglect petition in same format as regular
neglect] 5.
[List each additional significant legal step in the history of the case
in chronological order.] II.
CONSENT 1.
No parent has expressed consent to the termination of parental
rights. 2.
[If any parent consents] An executed written consent form signed by [name
of the parent] as to [name of child] is attached as Exhibit A. III.
REASONABLE EFFORTS 1.
On [date], the Superior Court for Juvenile Matters at [location of court]
(name of judge, J.) found that no further efforts to reunify [name of parent/s]
with [name of child/ren] were necessary. 2.
Reasonable efforts to reunify [name of child/ren] with [name of parent/s]are
no longer appropriate because [summarize reasons why efforts to reunify are no
longer appropriate]. [and/or] 3.
Reasonable efforts to reunify [name of child/ren] with [name of parent/s]are
not possible because [summarize reasons why efforts to reunify are not
possible]. 4.
Parent is unwilling or unable to benefit from efforts because
[list] 5.
DCF has been involved with this family since [year]. 6.
The presenting problems with this family were [summarize problems, e.g.,
parent’s cognitive and emotional limitations, inadequate housing, physical
abuse, substance abuse, etc.] 7.
The following reasonable and active efforts were made to prevent removal
of the child and/or to reunify the child with the child’s parent(s) to [name
of parent – separate paragraph for each parent]: ·
[List all services offered or available to parent/child]
8.
[If appropriate] [Name of parent] was not provided with any services
because [whereabouts unknown or other reasons]. 9.
[For missing parent]Reasonable efforts have been made to locate [name of
parent] as evidenced by the attached Affidavit(s) of Diligent Search. IV.
FACTS SUPPORTING THE CLAIMED GROUNDS FOR TERMINATION OF PARENTAL RIGHTS
[Use
separate paragraphs for each parent and use as many grounds as are applicable.]
GROUND A (Abandonment) as to [name of child] by [name of
parent]: [In
short, numbered paragraphs, set out facts constituting abandonment. Some
examples:] 1.
parent has not seen child in lengthy period of time 2.
parent has not provided financial support for child 3.
parent has never sent cards, gifts or letters to child 4.
parent has never acknowledged child’s birthday or other special days 5.
parent has never participated in child’s education or shown an interest
in child’s health or welfare 6.
parent has not inquired about child or requested visitation in lengthy
period of time GROUND B1
(Failure to Rehabilitate after Adjudication) as to [name of child] by [name of
parent]. [Note: use this ground for children who have previous been
adjudicated.] 1.
On [date], [name/s of child/ren and dates of birth] were adjudicated
neglected/uncared for in Superior Court for Juvenile Matters at [venue of court]
(judge, J.). 2.
At time of the adjudication, the presenting problems were
[summarize]. 3.
The following specific steps ordered by the court
on [date], to facilitate the return of [name of child] to name of
parent]s' care have not been complied with ·
[set forth each
specific step not fully complied with and briefly summarize parent’s degree of
compliance] 4.
[If appropriate, list in paragraph form any other evidence of failure to
rehabilitate that is not included in the specific steps such as parent unable to
appreciate risks of associating with individuals who present a risk to the
child, parent unable to master
minimally acceptable parenting skills, etc.] 5.
[Name of parent] will not be able to assume a responsible position in the
life/lives of /his/her child[ren] within a reasonable time period. 6.[
[State specific needs of child that parent cannot provide.] GROUND
B2 (Failure to Rehabilitate after Fifteen Months) as to [name of child] by [name
of parent]. [Note: use this ground for children who have been in out-of-home
care for at least 15 months but who have not yet been adjudicated.] 1.
[Name of child, date of birth] is a neglected child in that [summarize
circumstances of neglect] 2.
[Name of child] has been in the custody of the Commissioner of DCF since
[date out-of-home care commenced], a period of greater than fifteen months. 3.
The following specific steps ordered by the court
on [date], to facilitate the return of [name of child] to name of
parent]s' care have not been complied with ·
[set forth each
specific step not fully complied with and briefly summarize parent’s degree of
compliance] 4.
[If appropriate, list in paragraph form any other evidence of failure to
rehabilitate that is not included in the specific steps such as parent unable to
appreciate risks of associating with individuals who present a risk to the
child, parent unable to master
minimally acceptable parenting skills, etc.] 5.
[Name of parent] will not be able to assume a responsible position in the
life/lives of his/her child[ren] within a reasonable time period. 6.
[State specific needs of child that parent cannot provide.] GROUND
C (Acts of Omission or Commission) as to [name of child] by [name of
parent] [In numbered
paragraphs, set forth all facts constituting acts of omission or commission.
This ground is particularly useful for cases in which a parent physically or
sexually abused the child, or failed to protect the child from another person’s
physical or sexual abuse. It can also be used in cases where a parent has
deprived the child of necessities, medical care, etc. with very serious
results.] GROUND
D (No Ongoing Parent Child Relationship) as to [name of child] by
[parent]. 1.
[In numbered paragraphs, state the facts that constitute no ongoing
parent-child relationship.] Some examples:
2.
To permit additional time to develop a parent-child relationship will not
be in the child’s best interests because [state why not]. GROUND
E (Failure to Rehabilitate with Child Under Seven Years) as to [child] by
[parent]. 1.
[Child] was born on [date] and therefore is less than seven years
old. 2.
[Name of child] is a neglected child in that [summarize
circumstances of neglect]. 3.
The following specific steps ordered by the court
on [date], to facilitate the return of [name of child] to name of
parent]s' care have not been complied with ·
[set forth each
specific step not fully complied with and briefly summarize parent’s degree of
compliance] 4.
[If appropriate, list in numbered paragraph form any other evidence of
failure to rehabilitate that is not included in the specific steps such as
parent unable to appreciate risks of associating with individuals who present a
risk to the child, parent unable to
master minimally acceptable parenting skills, etc.] 5.
[Name of parent]’s parental rights to another child, [name and date of
birth of other child], were terminated on [date] pursuant to a termination of
parental rights petition filed by the Commissioner of the Department of Children
and Families. 6.
[Name of parent] will not be able to assume a responsible position in the
life/lives of her child[ren] within a reasonable time period. 7.
[State specific needs of child that parent cannot address.] GROUND
F (Parent has Killed or Assaulted a Sibling) as to [child] by [parent] 1.
On [date], [parent] [killed/assaulted/conspired/etc.] [name of killed or
injured sibling], who is a sibling of [name of child who is subject of this
petition] by [describe circumstances of sibling’s death or injury]. 2.
The assault on [name of sibling] by [parent] was a deliberate and
non-accidental act that resulted in serious bodily injury or death to [name of
sibling], sibling of [name of child]. GROUND
G (Parent Convicted of Sexual Assault Resulting in Conception of Child) as to
[child] by [parent]. 1.
On [date], [parent] sexually assaulted [victim parent], resulting in the
conception of [child], born [date of birth]. 2.
[If appropriate][Parent]has been shown by paternity testing to be the
biological father of [child] to within a probability of XX.XX%. 3.
On [date], [parent] was convicted of Sexual Assault
in the [venue of court] Superior Court as a result of the sexual assault
against [victim parent]. V. BEST INTERESTS OF
THE CHILD[REN] [In numbered
paragraph form summarize why it is in bests interests to terminate the parental
rights to the child.] Some examples: 1.
It is in the best interests of the child[ren] for the parental rights
of [names of parents] to be terminated. 2.
Neither parent is willing or able to provide competent, safe and
nurturing parenting to the children. 3.
Neither parent has availed him or herself of available services in
order to improve his or her circumstances such that he or she can play a
responsible role in any of the children's lives. 4.
Neither parent has been able to put the children's interests ahead of
his or her own interests. 5.
[The children]have been in the custody of the Commissioner of DCF for
greater than fifteen months. 6.
[The children] need permanent and stable living arrangements in order
to grow and develop in a healthy manner. Submitted By:
_______________________________________________ Social Worker Department of Children
and Families Reviewed By:
________________________________________________ Social Work Supervisor Department of Children
and Families Approved By:
________________________________________________ Program Supervisor Department of Children
and Families |
