§ 15-7-7 - Termination of parental rights.
SECTION 15-7-7
§ 15-7-7 Termination of parental rights.– (a) The court shall, upon a petition duly filed by a governmental childplacement agency or licensed child placement agency after notice to the parentand a hearing on the petition, terminate any and all legal rights of the parentto the child, including the right to notice of any subsequent adoptionproceedings involving the child, if the court finds as a fact by clear andconvincing evidence that:
(1) The parent has willfully neglected to provide proper careand maintenance for the child for a period of at least one year wherefinancially able to do so. In determining whether the parent has willfullyneglected to provide proper care and maintenance for the child, the court maydisregard contributions to support which are of an infrequent and insubstantialnature; or
(2) The parent is unfit by reason of conduct or conditionsseriously detrimental to the child; such as, but not limited to, the following:
(i) Institutionalization of the parent, includingimprisonment, for a duration as to render it improbable for the parent to carefor the child for an extended period of time;
(ii) Conduct toward any child of a cruel or abusive nature;
(iii) The child has been placed in the legal custody or careof the department for children, youth, and families and the parent has achronic substance abuse problem and the parent's prognosis indicates that thechild will not be able to return to the custody of the parent within areasonable period of time, considering the child's age and the need for apermanent home. The fact that a parent has been unable to provide care for achild for a period of twelve (12) months due to substance abuse shallconstitute prima facie evidence of a chronic substance abuse problem;
(iv) The child has been placed with the department forchildren, youth, and families and the court has previously involuntarilyterminated parental rights to another child of the parent and the parentcontinues to lack the ability or willingness to respond to services which wouldrehabilitate the parent and provided further that the court finds it isimprobable that an additional period of services would result in reunificationwithin a reasonable period of time considering the child's age and the need fora permanent home;
(v) The parent has subjected the child to aggravatedcircumstances, which circumstances shall be abandonment, torture, chronic abuseand sexual abuse;
(vi) The parent has committed murder or voluntarymanslaughter on another of his or her children or has committed a felonyassault resulting in serious bodily injury on that child or another of his orher children or has aided or abetted, attempted, conspired or solicited tocommit such a murder or voluntary manslaughter; or
(vii) The parent has exhibited behavior or conduct that isseriously detrimental to the child, for a duration as to render it improbablefor the parent to care for the child for an extended period of time;
(3) The child has been placed in the legal custody or care ofthe department for children, youth, and families for at least twelve (12)months, and the parents were offered or received services to correct thesituation which led to the child being placed; provided, that there is not asubstantial probability that the child will be able to return safely to theparents' care within a reasonable period of time considering the child's ageand the need for a permanent home; or
(4) The parent has abandoned or deserted the child. A lack ofcommunication or contact with the child for at least a six (6) month periodshall constitute prima facie evidence of abandonment or desertion. In the eventthat parents of an infant have had no contact or communication with the infantfor a period of six (6) months the department shall file a petition pursuant tothis section and the family court shall conduct expedited hearings on thepetition.
(b) In the event that the petition is filed pursuant tosubdivisions (a)(1), (a)(2)(i), (a)(2)(iii), or (a)(2)(vii) of this section,the court shall find as a fact that, prior to the granting of the petition,such parental conduct or conditions must have occurred or existednotwithstanding the reasonable efforts which shall be made by the agency priorto the filing of the petition to encourage and strengthen the parentalrelationship so that the child can safely return to the family. In the eventthat a petition is filed pursuant to subdivisions (a)(2)(ii), (a)(2)(iv),(a)(2)(v), (a)(2)(vi) or (a)(4) of this section, the department has noobligation to engage in reasonable efforts to preserve and reunify a family.
(2) Any duty or obligation on the part of a licensed orgovernmental child placing agency to make reasonable efforts to strengthen theparental relationship shall cease upon the filing of a petition under thissection. This provision shall not be construed and is not intended to limit oraffect in any way the parents' right to see or visit with the child during thependency of a petition under this section.
(3) Upon the filing of a termination of parental rightspetition, the agency has an affirmative duty to identify, recruit, process andapprove a qualified family for adoption or other permanent living arrangementfor the child.
(c) In considering the termination of rights as pursuant tosubsection (a), the court shall give primary consideration to the physical,psychological, mental, and intellectual needs of the child insofar as thatconsideration is not inconsistent with other provisions of this chapter.
(2) The consideration shall include the following: If a childhas been placed in foster family care, voluntarily or involuntarily, the courtshall determine whether the child has been integrated into the foster family tothe extent that the child's familial identity is with the foster family andwhether the foster family is able and willing to permanently integrate thechild into the foster family; provided, that in considering integrating into afoster family, the court should consider:
(i) The length of time child has lived in a stable,satisfactory environment and the desirability of maintaining that environmentand continuity for the child; and
(ii) The reasonable preference of the child, if the courtdetermines that the child has sufficient capacity to express a reasonablepreference.
(d) If the court finds that the parental rights of the parentshould be terminated as specified in subsection (a), it shall by decree dulyentered, appoint some suitable person to give or withhold consent in anysubsequent adoption proceedings. In the case of petitions filed by licensed orgovernmental child placement agencies, the court shall appoint the agency to bethe sole party to give or withhold consent to the adoption of the child andfurther vest the agency with all rights of guardianship over the child.
(e) Nothing in this section shall be construed to prohibitthe introduction of expert testimony with respect to any illness, medical orpsychological condition, trauma, incompetency, addiction to drugs, oralcoholism of any parent who has exhibited behavior or conduct that isseriously detrimental to a child, to assist the court in evaluating the reasonfor the conduct or its probable duration.
(f) The record of the testimony of the parties adduced in anyproceeding terminating parental rights to a child shall be entitled to theconfidentiality provided for in § 8-10-21 and more specifically shall notbe admissible in any civil, criminal, or other proceeding in any court againsta person named a defendant or respondent for any purpose, except in subsequentproceedings involving the same child or proceedings involving the samerespondent.
(g) In the event any child, the parental rights to whom havebeen finally terminated, has not been placed by the agency in the home of aperson or persons with the intention of adopting the child within thirty (30)days from the date of the final termination decree, the family court shallreview the status of the child and the agency shall file a report thatdocuments the steps the agency is taking to find an adoptive family or otherpermanent living arrangement for the child, to place the child with an adoptivefamily, a fit and willing relative, a legal guardian, or in another plannedpermanent living arrangement, and to finalize the adoption or legalguardianship. At a minimum, this documentation shall include child specificrecruitment efforts, such as the use of state, regional and national adoptionexchanges, including electronic exchange system.