11.36.1 Pre-Permanency Planning Conference, DSS 161 Packet Completion, and Filing of Termination of Parental Rights (TPR) Petition

Introduction

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Practice Guidance

Procedure

​The SSW:
  1. ​Requests that the regional attorney or Office of Legal Services (OLS) meet for a pre-permanency conference to review the prospect of involuntary termination of parental rights (TPR) prior to the next family team meeting (FTM) or permanency hearing, but no later than nine (9) months after the child enters out-of-home care (OOHC) as outlined in SOP 4.14 Timeframes for All Out-of-Home Care (OOHC) Cases if Department for Community Based Services (DCBS) is considering changing the child’s goal to adoption;
  2. Refers to the Permanency Goals in OOHC Cases Tip Sheet, Pre-permanency DSS-161 Checklist, and Pre-permanency Conference Certificat​e for information regarding the pre-permanency conference;
  3. Prepares for the pre-permanency conference by reviewing the case history to provide the regional attorney with the following information:
    1. ​Date and reason for the child’s removal;
    2. Names and addresses (or last known addresses) of the birth parent(s);
    3. DCBS’s attempts to explore relative placement;
    4. Case planning and service delivery that has been provided to the parent(s);
    5. The parents’ progress in case plan completion and reduction of safety threats to the child;
    6. Results of any absent parent searches;
    7. The parents’ criminal history;
    8. The child’s needs, any services the child is receiving, and the current status of the child’s placement; and
    9. Indian Child Welfare Act (ICWA) documentation, if applicable.
  4. ​Requests that the court change the child’s permanency goal to adoption if the case has been certified for TPR by OLS;
  5. Completes the DSS-161 packet and submits to OLS within ten (10) working days using the pre-permanency certificate provided by OLS. Please refer to the pre-permanency conference certificate for DSS-161 requirements;
  6. Signs and returns the TPR petition within three (3) working days to OLS. OLS files the TPR petition with the court and notifies the appropriate DCBS staff of the filing date; and
  7. Ensures that the DSS-161 submission and TPR petition filing date are both entered into TWIST.


Contingencies and Clarifications

  1. ​The pre-permanecny certification is valid for ninety (90) calendar days. If the DSS-161 packet is not completed within that timeframe, another pre-permanency conference is requested with OLS. This is necessary to review the current circumstances of the case and to ensure that TPR is still appropriate.1

  2. There may be situations where the court denies DCBS’ request to change the goal to adoption or declines to hold a goal change hearing. In those circumstances, the case should be staffed with OLS. If OLS certifies the case for TPR, but the court has denied the goal change to adoption, the SSW should select adoption as the concurrent planning goal and proceed with the completion of the DSS-161 packet as outlined above.  

Footnotes

  1. ​The worker updates OLS of any significant changes in the circumstances of the case following the pre-permanency conference, (i.e., changes in visitation, location of an absent parent, etc.)​​




Revisions

​1/17/2023 Addition of all new content.  

Deletion of: 

The SSW:
Informs OLS within seven (7) working days of the date the:
Petition was filed;
Summonses were served; and
Information regarding the appointment of the:
GAL;
Warning order attorney; and
Parent’s attorney;
Submits the DSS-177-Report of Filing of Petition for Involuntary TPR with the information gathered and then submits the missing information to OLS upon receipt if the summonses have not been served within seven (7) days.
Practice Guidance
The DSS-177-Report of Filing of Petition for Involuntary TPR serves as notice to OLS.
The information for completing the DSS-177 may be obtained from the Family or Circuit court clerk.