Chapter 128 Termination of Parental Rights


Legislative declaration and findings.
Applicability of chapter.
“Abandoned mother” defined.
“Abandonment of a child” defined.
“Injury” defined.
“Neglected child” defined.
“Parent and child relationship” and “parent” defined.
“Putative father” defined.
“Unfit parent” defined.
Jurisdiction of district courts.
Proceedings to terminate parental rights of parent of Indian child: Powers and duties of court; appointment of attorney.
Extent to which court must give full faith and credit to judicial proceedings of Indian tribe.
Place for filing petition.
Who may file petition; investigation.
Entitlement of proceedings; contents of verified petition.
Proceedings to be completed within 6 months after filing of petition.
Notice of hearing: Contents; personal service to certain persons; petitioner to mail notice to Department of Health and Human Services if petitioner or child is receiving public assistance.
Service of notice of hearing by publication: Requirements; exception.
Form of notice.
Petition by mother of unborn child: Notice to father or putative father; time of hearing.
Hearing to determine whether to transfer venue for parent who objects to venue.
Hearing: Time; procedure; evidence; postponement; closed court; confidentiality of hearings, files and records pertaining to terminating parental rights.
Evidence of previous sexual conduct inadmissible to challenge child’s credibility; exceptions.
Testimony of qualified expert witness required in proceedings to terminate parental rights of parent of Indian child.
When putative father presumed to have intended to abandon child.
Presumption of abandonment of child by parent.
Appointment of attorney to represent child in proceeding concerning termination or restoration of parental rights; appointment of attorney to represent parent; compensation of attorney.
Grounds for terminating parental rights: Considerations; required findings.
Specific considerations in determining neglect by or unfitness of parent.
Specific considerations where child is not in physical custody of parent.
Specific considerations where child has been placed in foster home.
Determination of conduct of parent; presumptions.
Order terminating parental rights; preference for placement of child with certain relatives and siblings of child; period for completion of search for relative.
Effect of order.
“Agency which provides child welfare services” defined.
“Child” defined.
“Failure of parental adjustment” defined.
“Indian child” defined.
“Indian Child Welfare Act” defined.
Notice to produce; warrant of arrest; contempts.
“Mental injury” defined.
Expenses to be county charges.
Termination of parental rights of father when child becomes subject of adoption.
“Plan” defined.
Best interest of child in determining consideration in action to set aside termination of parental rights after adoption has been granted; presumption.
Restoration of parental rights: Petition; consent of natural parent required.
Restoration of parental rights: Notice of hearing; persons required to be personally served with notice; right of such persons to present testimony and evidence.
Restoration of parental rights: Hearing; required findings to grant petition; effect of order restoring parental rights.