A neglect petition (Form JD-JM 98) is filed when the Department is seeking: 

·          an Order of Temporary Custody (OTC)

·          the commitment of a child 

·          an adjudication of neglect in a coterminous situation

·          an order of Protective Supervision, or

The Department files a Motion for an OTC (JD-JM 58) when the child 

·          is in immediate physical danger, or

·          is suffering from serious physical illness or injury 

and the conditions or circumstances surrounding the child’s care require that custody be immediately assumed to safeguard the child’s welfare. 

The Department shall file a petition for termination of parental rights (TPR) (JD-JM 40) when 

  ·  a ground(s) for termination of parental rights exists, and 

  ·  termination of parental rights is in the best interests of the child. 

Examples of situations where TPR and adoption may be in the best interest of the child include, but are not limited to the following: 

·        a child is committed and reunification services have been unsuccessful  

·        the parent(s) have not made use of reunification services, or  

·   there is no expectation that the parent(s) can benefit from services within  the foreseeable future. 

The Department shall file a TPR petition whenever a child has been in the Department’s custody for fifteen (15) consecutive months or fifteen (15) months of the most recent twenty-two (22) months unless 

·        there is a compelling reason that TPR is not in the best interests of the child 

·        there are no applicable legal grounds to file 

·          the services a parent needs to rehabilitate have not been made available to the parent, or 

·          the child is placed with a relative. 

Note:  The fifteen-month rule is not a waiting period.  It is the longest period of time in care unless one of the bulleted exceptions applies. 

If the Department chooses not to file a TPR when the child has been in custody for fifteen (15) consecutive months or fifteen (15) months of the most recent twenty-two (22) months, the Social Worker shall document the reason for the decision in the child’s treatment plan and in any studies filed with the court. 

Coterminous petitions are filed when the Department is seeking termination of parental rights and the court has not yet adjudicated the child as neglected or uncared for.  The purpose is to move the child more quickly to a permanent home when it has been determined that the parent is not likely to rehabilitate or the child has been abandoned, and/or reasonable efforts to reunify are not required. 

In cases where no petition is pending, a neglect petition and  petition for termination of parental rights and supporting legal documents (including a Motion for an Order of Temporary Custody) are submitted together when filing coterminously.  

In cases in which a neglect petition is already pending, but has not been adjudicated, the petition for TPR is submitted along with a Motion to Consolidate the neglect proceeding with the TPR proceeding. Once this motion is granted, the case becomes coterminous. 

The child’s Social Worker shall file a Motion for Review of the Permanency Plan (DCF-2240) each year. The purpose of this motion is to seek the court’s approval of the Department’s permanency plan which will be in the best interests of the child, and most likely result in a permanent home for the child within a reasonable period of time.  

Preferred permanency plans are as follows: 

·        reunification with parent/guardian 

·        transfer of guardianship to a third person (relative or non-relative) 

·        adoption, and 

·          long-term foster care with an identified relative. 

The  Department may also develop a plan for independent living, long term foster care with an identified non-relative caregiver or any other planned, permanent living arrangement if the Social Worker can document a compelling reason for not choosing one of the four preferred permanency options.  

At the time the Motion for Review of Permanency Plan is filed, the Department shall also seek court findings stating that continuing efforts to reunify are or are not appropriate as to each parent (if such findings have not already been made), and that reasonable efforts to achieve the existing permanency plan have been made. 

The first Motion for Review of Permanency Plan is due in court nine (9) months after the date the child is first removed from the home. Subsequent motions are due every year thereafter for as long as the child remains in the custody of the Department, regardless of the child’s legal status. 

Each year, if the child is committed, along with the Motion for Review of Permanency Plan, the Department shall request that the court maintain the child’s commitment status.  

The Department shall file a motion to revoke the commitment  when it has been determined that 

·    it is in the child’s best interest to return to one or both parents 

·    legal guardianship of the child will be transferred to another “suitable and worthy” person; this motion is also filed using DCF-2240, or 

·    in the case of an adolescent, when the Department has made efforts to provide services and/or placement to the youth and the youth refuses such.  

A Motion to Open and Modify Disposition shall be used when the Department seeks to modify an existing court-ordered disposition. 

For example, when the previous disposition of the case was an Order of Protective Supervision, DCF may file a Motion to Open and Modify Disposition if it is determined that the child can no longer be safely maintained in the home. Alternatively, this motion is filed if the Department wishes to vacate a disposition of commitment and return the child to the home under an Order of Protective Supervision. 

Note:  There is no pre-printed form for a motion to open and modify. 

A Motion to Transfer Guardianship is filed when the Department determines that it is in the best interest of the child to have legal guardianship transferred to another “suitable and worthy” person(s).  This motion is filed using the DCF-2240. 

Social studies shall be filed in conjunction with 

·      neglect or termination petitions 

·      motions for review of permanency plans or to maintain commitment 

·       motions to transfer guardianship, and 

·      motions to revoke commitment. 

Social Studies shall be filed no later than three days before the first court date scheduled for a petition or motion.  It is preferable that Social Studies be filed at the same time as the petition or motion. 

Upon receiving an order terminating parental rights, the Department shall file a report with the court within thirty (30) days of the date of the termination order. The Department shall file a report with the court every three (3) months thereafter for as long as the child remains in the Department’s custody. 

The post-TPR reports shall include measurable objectives and timetables for moving the child into a permanent home including specific information regarding the progress of the adoption process, if applicable. 

The court may convene a hearing for the purposes of reviewing the plan at any time, but will convene a hearing at least once a year to 

• review the child’s permanency plan, and 

• make a finding regarding efforts made by DCF to achieve the permanency plan.