This provision lets certain officials and caregivers file a petition to terminate parental rights, requires the county attorney to file or join in specific cases unless an exception applies, and sets what information a petition must include.
1. A child’s guardian, guardian ad litem, or custodian, the department, a juvenile court officer, or the county attorney may file a petition for termination of the parent-child relationship and parental rights with respect to a child. 2. a. Unless any of the circumstances described in paragraph “b” exist, the county attorney shall file a petition for termination of the parent-child relationship and parental rights with respect to a child or if a petition has been filed, join in the petition, under any of the following circumstances: (1) The child has been placed in foster care for fifteen months of the most recent twenty-two-month period. The petition shall be filed by the end of the child’s fifteenth month of foster care placement. (2) A court has determined aggravated circumstances exist and has waived the requirement for making reasonable efforts, as defined in section 232.102A, because the court has found the circumstances described in section 232.116, subsection 1, paragraph “i”, are applicable to the child. (3) The child is less than twelve months of age and has been judicially determined to have been abandoned or the child is a newborn infant whose parent has voluntarily released custody of the child in accordance with chapter 233. (4) The parent has been convicted of the murder or the voluntary manslaughter of another child. (5) The parent has been convicted of aiding or abetting, attempting, conspiring in, or soliciting the commission of the murder or voluntary manslaughter of another child. (6) The parent has been convicted of a felony assault which resulted in serious bodily injury of the child or of another child. b. If any of the following conditions exist, the county attorney is not required to file a petition or join in an existing petition as provided in paragraph “a”: (1) At the option of the department or by order of the court, the child is being cared for by a relative. (2) The department or a state agency has documented in the child’s case permanency plan provided or available to the court a compelling reason for determining that filing the petition would not be in the best interest of the child. A compelling reason shall include but is not limited to documentation in the child’s case permanency plan indicating it is reasonably likely the completion of the services being received in accordance with the permanency plan will eliminate the need for removal of the child or make it possible for the child to safely return to the family’s home within six months. (3) The department has not provided the child’s family, consistent with the time frames outlined in the child’s case permanency plan, with those services the state deems necessary for the safe return of the child to the child’s home, and the limited extension of time necessary to complete the services is clearly documented in the case permanency plan. 3. The department, juvenile court officer, county attorney or judge may authorize any competent person having knowledge of the circumstances to file a termination petition with the clerk of the court without the payment of a filing fee. 4. A petition for termination of parental rights shall include the following: a. The legal name, age, and domicile, if any, of the child. b. The names, residences, and domicile of any: (1) Living parents of the child. (2) Guardian of the child. (3) Custodian of the child. (4) Guardian ad litem of the child. (5) Petitioner. (6) Person standing in the place of the parents of the child. c. A plain statement of those facts and grounds specified in section 232.116 which indicate that the parent-child relationship should be terminated. d. A plain statement explaining why the petitioner does not know any of the information required under paragraphs “a” and “b” of this subsection. e. A complete list of the services which have been offered to preserve the family and a statement specifying the services provided to address the reasons stated in any order for removal or in any dispositional or permanency order which did not return the child to the child’s home. f. The signature and verification of the petitioner. [C79, 81, §232.111] 83 Acts, ch 96, §157, 159; 83 Acts, ch 186, §10055, 10201; 95 Acts, ch 147, §6; 98 Acts, ch 1190, §20, 21; 2001 Acts, ch 67, §8, 13; 2001 Acts, ch 135, §25; 2002 Acts, ch 1050, §23; 2022 Acts, ch 1098, §55; 2023 Acts, ch 19, §624 Referred to in §232.112, 233.2