TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 20

TERMINATION OF PARENT AND CHILD RELATIONSHIP

16-2010.  Decree. (1) Every order of the court terminating the parent and child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction.

(2)  (a) If the court finds sufficient grounds exist for the termination of the parent and child relationship, it shall so decree and:

(i)   Appoint an individual as guardian of the child’s person, or

(ii)  Appoint an individual as guardian of the child’s person and vest legal custody in another individual or in an authorized agency, or

(iii) Appoint an authorized agency as guardian of the child’s person and vest legal custody in such agency.

(b)  The court shall also make an order fixing responsibility for the child’s support. The parent and child relationship may be terminated with respect to one (1) parent without affecting the relationship between the child and the other parent.

(3)  Where the court does not order termination of the parent and child relationship, it shall dismiss the petition; provided however, that where the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall make an order placing the child under protective supervision, or vesting temporary legal custody in an authorized agency, fixing responsibility for temporary child support, and designating the period of time during which the order shall remain in effect.

(4)  If termination of parental rights is granted and the child is placed in the guardianship or legal custody of the department of health and welfare, the court, upon petition, shall conduct a hearing as to the future status of the child within twelve (12) months of the order of termination of parental rights, and every twelve (12) months subsequently until the child is adopted or is in a placement sanctioned by the court.

History:

[16-2010, added 1963, ch. 145, sec. 10, p. 420; am. 1989, ch. 216, sec. 1, p. 525; am. 1989, ch. 218, sec. 5, p. 530; am. 1992, ch. 341, sec. 4, p. 1036; am. 1998, ch. 257, sec. 6, p. 857; am. 2000, ch. 171, sec. 12, p. 439; am. 2005, ch. 391, sec. 51, p. 1303.]