93-15-107 - Proceedings to terminate parental rights; parties; initiation of proceedings; payment of costs.
§ 93-15-107. Proceedings to terminate parental rights; parties; initiation of proceedings; payment of costs.
(1) In an action to terminate parental rights, the mother of the child, the legal father of the child, and the putative father of the child, when known, shall be parties defendant. A guardian ad litem shall be appointed to protect the interest of the child in the termination of parental rights. A child may be made party plaintiff, and any agency holding custody of a minor shall act as party plaintiff.
(2) The Department of Human Services shall initiate proceedings to terminate parental rights in accordance with Section 93-15-101 et seq. in cases where a child has been placed in the physical custody of a relative and the department has been given legal custody of the child. The department may provide necessary funds to defray the costs and attorney fees for any adoption proceedings brought by the relative of such child in cases where the relative is unable to pay such costs and fees based on criteria established by the department in compliance with federal law and the availability of funds to the department to pay such costs and fees.
Sources: Laws, 1980, ch. 485, § 4 subd (1); Laws, 1998, ch. 516, § 11, eff from and after July 1, 1998.