9.03.040 Grounds for Involuntary Termination of Parental Rights with Respect to a Child

(a) Grounds for involuntary termination of parental rights. An order of the Court for involuntary termination of the legal parent-child relationship shall be rendered if the Court finds that the termination is in the best interest of the child, and that one or more of the following circumstances or grounds for involuntary termination exist:

(1) The identity or location of the parent is unknown and the parent has not claimed the child for a period of sixty days after the child is found; despite diligent efforts to ascertain the parent's identity and location.

(2) As a ground for an order of involuntary termination against the father or putative father, the child was conceived as the result of an act of forcible rape; or as ground for an order of involuntary termination against the father, putative father, or mother, the child was conceived as the result of an act of incest.

(3) The child has been adjudicated to have been abused or neglected or dependent in a prior proceeding. In determining whether termination of parental rights would be in the best interest of the child in such case, the Court shall consider and make written findings regarding the factors contained in Subsection (b) of this section and the following conditions or acts of the parent:

(A) Emotional illness, mental illness, mental deficiency, or use of alcohol or controlled substances rendering the parent unable to care for the immediate and on-going physical or psychological needs of the child; or

(B) Any proven act or acts of abuse or neglect toward any child in the family subsequent to the adjudication of abuse or neglect; or

(C) Repeated or continuous failure by the parents, although physically and financially able, to provide the child with adequate food, clothing, shelter, or education as defined by law or other care and control necessary for his physical, mental, or emotional health and development, but a parent who, legitimately practicing his religious belief, does not provide specified medical treatment or education for a child, is not for that reason alone a negligent parent.

(D) The child has been out of the physical custody of the parent for one year; or the parent, including the father whose paternity has been adjudicated, has failed to take physical custody of the child within sixty days of the birth or adjudication; and:

(i) The conditions, which led to the separation still persist, or similar conditions of a potentially harmful nature continues to exist.

(ii) There is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parent in the near future; and

(iii) The continuation of the legal parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent family.

(4) In determining whether termination of parental rights would be in the best interest of the child under this subsection (4) the Court shall consider and make written findings regarding the factors contained in Subsection (b) of this section.

(5) The child has been out of the physical custody the parent for a period of eighteen months and:

(A) The child has developed an emotionally stable relationship with his de facto parent.

(B) The de facto parent has expressed an intent to adopt the child; and to adopt the child;

(b) Factors to be considered in certain instances. In determining whether to terminate parental rights under subsections (a)(3) or (a)(4) of this section, the Court shall consider and make written findings regarding:

(1) The timeliness, nature, and extent of services offered or provided to the parent and the child to facilitate reunion of the child with the parent.

(2) The terms of any social service contract agreed to by an authorized agency and the parent, and the extent to which all parties have fulfilled their obligations under such contract.

(3) The feelings and emotional ties of the child with respect to his parents; and

(4) The effort the parent has made to adjust his circumstances, conduct, or conditions to make it in the best interest of the child to return him to his home, including:

(A) The extent to which the parent has maintained regular visitation or other contact with the child as part of a plan to reunite the child with the parent.

(B) The payment of a reasonable portion of substitute physical care and portion of substitute physical care and maintenance if financially able to do so.

(D) Whether available additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent within a reasonable period of time.

(c) Factors to be considered in all instances. Where any of the circumstances in subsections (a)(1) through (a)(5) of this section exist, the Court shall consider:

(1) The contents of the assessment and report, if any, submitted pursuant to Section 9.03.030 of this Code.

(2) The specific benefits to the child of continuing the legal parent-child relationship.

(3) The wishes of the child regarding termination of the legal parent-child relationship.

(d) Rehabilitation of parent. The maintenance of a legal parent-child relationship for the purpose of rehabilitation of a parent shall not be sufficient grounds for continuation of such relationship.

(e) Deprivation of custody through divorce, separation, act of other parent. Not withstanding any other provisions of this this section, no legal parent-child relationship may be terminated solely because a parent has been deprived of the legal custody of a child by reason of a divorce or a legal separation, or of the physical custody of a child by the act of conduct of the other parent of the child.