OAR 413-110-0220: Considerations for Decision Whether to Initiate a Termination of Parental Rights Proceeding

(1) In deciding whether it is appropriate to file petitions to terminate parental rights the caseworker and supervisor, in consultation with the Assistant Attorney General and Legal Assistance Specialist, must consider the following: (a) Whether one or more of the circumstances set forth in ORS 419B.498(1) requiring filing of petitions to terminate parental rights exists and, if so, whether one or more of the exceptions to filing petitions set forth in ORS 419B.498(2) applies; (b) If one of the circumstances set forth in ORS 419B.498(1) requiring filing of petitions to terminate parental rights does not exist, whether it is appropriate to file petitions to terminate parental rights pursuant to ORS 419B.500 through 419B.508; (c) Whether it is appropriate to file petitions to terminate parental rights without making reasonable efforts to make it possible for the child to safely return home based on a finding from the court pursuant to ORS 419B.340; (d) Whether the parents of the child are willing and able to voluntarily plan for adoption or there is another way, other than filing petitions to terminate parental rights, to legally free a child for the purpose of adoption; (e) Whether termination of parental rights for purposes of adoption is in the child’s best interests, giving consideration to whether another permanency plan would better meet the child’s needs for safety, attachment, permanency, and well-being; and (f) Whether the child will consent to be adopted if they will be 14 years of age or older when the adoption is ready to be legally finalized. (2) If the exception or compelling reason that the Department applied in making the decision to not file petitions to terminate parental rights pursuant to subsection (1)(a) of this rule no longer applies, the Department must: (a) Review the prior decision not to file; (b) Determine if there is another exception or compelling reason not to file petitions; and (c) If another exception or compelling reason not to file does not apply pursuant to subsection (2)(b) of this rule, decide whether to pursue the filing of petitions to terminate parental rights after consideration of the factors set out in subsection (1) of this rule.