4306. Termination of Parental Rights (TPR)

Applies To: This policy applies to caseworkers.

Policy Number & Title: 4306. Termination of Parental Rights (TPR)

Effective Date: November 15, 2024

Purpose

The purpose of this policy is to provide guidance on TPR including:

Determining whether to file TPR petitions.
Filing petitions for TPR.
Supporting or opposing relinquishments of parental rights.
Dismissing petitions for TPR.

Authority

Title 29 USC § 701 Rehabilitation Act of 1973
Chapter 13.34 RCW Juvenile Court Act-Dependency and Termination of Parent-Child Relationship
Chapter 26.33 RCW Adoption
PL 105-89 Adoption and Safe Families (ASFA) Act of 1997

Policy

Caseworkers:

Must:
1. Follow these policies when considering termination or relinquishment of parental rights:
  1. Permanent and Concurrent Planning when making permanency planning decisions.
  2. Indian Child Welfare (ICW) Reason to Know when there is reason to know children or youth are or may be Indian. If they are, follow these additional ICW policies:
  3. Relative Search and Notification to engage all identified relatives throughout the life of the case.
  4. DCYF Administrative 6.03 Access to Services for Individuals with Disabilities policy to verify whether modifications are needed or have been provided to parents with a disability, prior to filing a TPR.
2. Refer cases to the assistant attorney general (AAG) to file a TPR petition when it’s in the children’s or youth’s best interest and either apply:
  1. Court ordered:
    1. At review hearing.
    2. A finding of aggravated circumstances outlined in RCW 13.34.132.
  2. Children or youth have been in out of home care for 12 of the last 19 months using a cumulative calculation and the requirements for involuntary TPR outlined in RCW 13.34.180 are met, unless the court makes a good cause finding.
3. Follow the parent’s or guardian’s preference for the proposed adoptive placement of children or youth when both of the following apply:
  1. They request to relinquish their parental rights prior to filing a TPR petition.
  2. The prospective adoptive parents chosen by the parents meet the qualifications to adopt as outlined in chapters:
    1. 13.34 RCW
    2. 26.33 RCW
4. Consider:
  1. Filing a TPR petition prior to 12 months of children or youth being in an out-of-home placement when both of the following apply:
    1. In the children’s or youth’s best interests.
    2. Requirements for involuntary TPR outlined in RCW 13.34.180 are met.
  2. The parents’ or guardians’ preference for the proposed adoptive placement when they request to relinquish their parental rights after a TPR petition has been filed.
5. Determine if it’s in the best interest of the child or youth to file a TPR when a parent or guardian requests a relinquishment of their parental rights.
6. Follow the Open Adoption Agreements (OAA) and Letters of Intent policy to determine if an OAA or letter of intent is appropriate for children or youth.
May:
1. Determine not to file a TPR petition when courts make a good cause finding.
2. Withdraw a TPR petition if circumstances change, and the original petition no longer meets the requirements in RCW 13.34.180 for filing a TPR.
3. Oppose a voluntary relinquishment of parental rights when it is in the best interest of the children or youth including, but not limited to, when they:
  1. Do not have prospects for adoption.
  2. Are 14 years or older and do not consent to adoption.