Department for Community Based Services

Standards of Practice Online Manual

11.35.1 Voluntary TPR Petition/Drafting

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 11-CPS Court
Effective:
12/15/2013
Section:
11.35.1 Voluntary TPR Petition/Drafting
Version:
2

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

When a birth parent expresses a desire to voluntarily terminate his/her parental rights, the SSW:

  1. Advises the parent to discuss this matter with his/her attorney before making any final decisions;
  2. Informs the parent’s juvenile court attorney of the request, or in cases where there is no appointed attorney for the parent, informs the regional attorney;
  3. Prepares and submits a summary informing the FSOS of a parent’s request to complete a voluntary termination of parental rights (TPR); 1
  4. Includes the following information for this summary:
    1. Parent information-name, date of birth, county of residence;
    2. Child information-name, date of birth, sex, race;
    3. Legal residence of petitioner;
    4. List of persons having parental rights to the child and the plan for these persons;
    5. Reasons for termination action; and
    6. Brief summary of casework services provided to the parent in reaching the decision to plan for adoptive placement of the child;
  5. Includes in the summary casework, services provided to the minor’s parents in case situations involving an unmarried minor parent;

Practice Guidance

  • Assistance in drafting a petition may be sought through the regional attorney;
  • The regional attorney may provide the worker with paperwork for the voluntary TPR to be given to the parent.  The parent must file the paperwork themselves.
  • In those jurisdictions that require an attorney to file the voluntary TPR petition, the SSW may request OLS to assist the court with the procedural aspects of the action.
 

Footnotes

  1. The summary provided to the FSOS is signed and dated by the SSW.

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